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UNIVERSITY  OF  CALIFORNIA 
LOS  ANGELES 


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25th  Congress,  ["  Doc.    No.   42.  ]  Ho.  ov  Reps. 

1st  Session.  Executive. 


BOUNDARY— UNITED  STATES  AND  MEXICO. 


i 


MESSAGE 

FKOM 

THE  PRESIDENT  OF  THE  UNITED  STATES, 

TRANSMITTING 

nke  Information  required  by  a  resolution  of  the  House  of  Representa- 
tives of  the  ISth  ultimo,  concerning  the  Boundary  between  the  United 
Mates  and  the  Republic  of  Mexico. 


Octobeu  3,  1837. 

Read,  and  laid  upon  the  table. 


To  the  House  of  Representatives  of  the  United  States  : 

In  compliance  with  the  resolution  of  the  House  of  Representatives  of 
the  13th  ultimo,  concerning  the  boundary  between  the  United  States 
and  the  Mexican  republic,  and  a  cession  of  territory  belonging  to  the 
Mexican  confederation  to  the  United  States,  I  transmit  a  report  from 
the  Secretary  of  State,  and  the  documents  by  which  it  was  accompanied. 

M.  VAN  BUREN. 
Washington,  October  2, 1837. 


To  the  President  of  the  United  States : 

The  Secretary  of  State,  to  whom  was  referred  a  resolution  of  the 
House  of  Representatives  dated  the  13th  ultimo,  requesting  the  Presi- 
dent to  communicate  to  that  House,  so  far  as  may  be  consistent  with  the 
public  interest,  all  the  correspondence  between  the  Government  of  the 
United  Sfates  and  that  of  Mexico,  concerning  the  boundary  between 
them,  and  particularly  concerning  any  proposition  for  a  cession  of  terri- 
tory belonging  to  the  Mexican  confederation  to  the  United  States  ;  and 
also,  all  correspondence  relating  thereto  between  the  Department  of 
State  and  the  diplomatic  representatives  of  the  United  States  in  Mexico, 
and  of  the  said  Department  with  those  of  the  Mexican  republic  accred- 
ited to  the  Government  of  the  United  States,  has  the  honor  to  lay  before 
the  President  copies  of  all  the  correspondence  between  the  two  Gov- 
ernments on  the  subject  of  the  boundary  line,  not  heretofore  cemmuni- 
Thom&s  Allen,  print. 


•2  [  Doc.  No.  42.  ] 

cated  to  Congress,  and  of  all  the  instructions  to  the  representatives  of 
the  United  Suites  at  Mexico,  on  the  subject  of  a  cession  of  territory  by 
the  .Mexican  confederation  to  the  united  States.  No  other correspond- 
ence  between  the  Governments  of  the  United  States  and  Mexico  has 
taken  [dace  on  the  subject  of  a  cession  of  territory,  either  at  Mexico  or 
at  Washington.  In  one  of  his  communications  to  this  Department,  how- 
ever, Mr.  Butler  mentions  a  note  which  he  had  addressed  to  Mr.  Alainan 
on  the  15th  of  July,  1832,  giving  his  reasons  for  reviewing  the  question 
of  boundary,  and  "explaining  the  advantages  which  both  nations  would 
probablv  derive  by  changing  the  line  from  the  Sabine.  No  copy  of  this 
note  has  ever  been  communicated  to  this  Department,  nor  is  there  any 
draught  or  record  of  it  in  the  archives  of  the  legation  of  the  United  States 
at  Mexico. 

The  communications  of  the  representatives  of  the  United  States  to 
their  own  Government,  on  that  subject,  are  within  the  limitation  con- 
tained in  the  resolution  referred  to  this  Department. 

All  which  is  respectfully  submitted. 

JOHN  FORSYTH. 

Department  of  State, 

Washington,  October  2,  1S37. 


LIST  OF  PAPERS 

Accompanying  the  Report  of  the  Secretary  of  Slate  to  the  President* 
dated  October  2,  1837. 

Mr.  Clay  to  Mr.  Poinsett,  March  26,  1825.     Extract. 

Mr.  Torrens  to  Mr.  Adams,  February  15,  1824. 

Mr.  Clay  to  Mr.  Poinsett,  September  24,  1825.     Extracts, 

The  same  to  the  same,  March  15,  1827.     Extract. 

Mr.  Van  Buren  to  the  same,  August  25,  1829. 

Mr.  Livingston  to  Mr.  Butler,  March  20,  1833.     Extract. 

Mr.  McLane  to  the  same,  January  13,  1S34. 

Mr.  Forsyth  to  the  same,  July  2,  1835.     Extract. 

The  same  to  the  same,  August  6,  1835.     Extract. 

Mr.  Poinsett  to  Mr.  Clay,  July  18,  1825.     Extracts. 

The  same  to  the  same,  July  27,  1825.     Extract. 

Mr.  Alaman  to  Mr.  Poinsett,  July  20,  1825. 

Mr.  Poinsett  to  Mr.  Alaman,  July  27,  1825. 

Mr.  Alaman  to  Mr.  Poinsett,  August  10,  1825.     Extract. 

Mr.  Poinsett  to  Mr.  Clay,  September  20,  1825.     Extrlct. 
The  same  to  the  same,  March  18,  1826.     Extract. 

The  same  to  the  same,  July  12,  1826.     Extract. 

The  same  to  the  same,  April  10,  1827. 

The  same  to  the  same,  October  6,  1827.     Extract. 

The  same  to  the  same,  January  8,  1828.     Extract. 

The  same  to  the  same,  February  7,  1828.     Extracts. 

Protocols. 

Mr.  Poinsett  to  Mr.  Clay,  April  24,  1828.     Extract. 

The  same  to  the  same,  April  26,  1828. 


[  Doc.  No.  42.  ]  3 

Mr.  Poinsett  to  the  Secretary  of  State,  March  10,  1829.  Extract 
Mr.  Poinsett  to  Mr.  Van  Buren,  July  22,  1829.     Extract 
Mr.  Butler  to  the  same,  May  19,  18S0.     Extract. 
The  Mexican  Plenipotentiaries  to  Mr.  Butler,  Mav  21    1     10 
Translation  of  the  same. 
Mr.  Butler  to  Mr.  Monasterio,  July  25,  1832. 
Mr.  Gonzalez  to  Mr.  Butler,  February  14,  1833. 
Translation  of  the  same. 

Mr.  Butler  to  Mr.  Gonzalez,  February  16,  1833. 
Mr.  Gonzalez  to  Mr.  Butler,  February  21,  1833. 
Translation  of  the  same. 

Mr.  Gonzalez  to  Mr.  Butler,  February  27,  1833. 
Translation  of  the  same. 
Mr.  Butler  to  Mr.  Garcia,  September  6,  1833. 
Mr.  Garcia  to  Mr.  Butler,  September  25,  1833. 
Translation  of  the  same. 

Mr.  Butler  to  Mr.  McLane,  July  1,  1831.     Extract. 
The  same  to  Mr.  Lombardo,  December  21,  1834. 
Mr.  Gutierrez  de  Estrada  to  Mr.  Butler,  February  7    1835. 
Translation  of  the  same. 

Mr.  Butler  to  the  President,  February  2G,  1835.     Extracts. 
Mr.  Gutierrez  de  Estrada  to  Mr.  Butler,  March  29    1835. 
Translation  of  the  same. 
Mr.  Obregon  to  Mr.  Clay,  March  19,  1828. 
List  of  individuals,  &c. 
Translations  of  the  same. 
Mr.  Clay  to  Mr.  Obregon,  March  24,  182S. 
\j^        The  same  to  the  same,  April  30,  1828. 
^7        Mr.  Obregon  to  Mr.  Clay,  May  J,  1828. 
v^       Translation  of  the  same. 
^        Mr.  Obregon  to  Mr.  Clay,  August  2,  1S28. 
q         Translation  of  the  same. 
I  Mr.  Brent  to  Mr.  Obregon,  August  2,  1828. 

^        Mr.  Montoya  to  Mr.  Van  Buren,  April  16,  1829. 

Translation  of  the  same. 
^        Mr.  Van  Buren  to  Mr.  Montoya,  April  22,  1829. 
Mr.  Montoya  to  Mr.  Livingston,  March  26,  1832. 
Translation  of  the  same. 

Mr.  Livingston  to  Mr.  Montoya,  March  30,  1S32. 
M         Mr.  Montoya  to  Mr.  Livingston,  March  31,  1832. 
Translation  of  the  same. 


3 


Mr.  Livingston  to  Mr.  Montoya,  March  31,  1832. 

Mr.  xMontoya  to  Mr.  Livingston,  April  3,  1832. 

Translation  of  the  same. 

Mr.  Montoya  to  Mr.  Livingston,  April  27,  1832.     Extract 

Translation  of  the  same. 

Mr.  Livingston  to  Mr.  Montova,  July  20,  1832. 

Mr.  Castillo  to  Mr.  McLane,  December  2,  1833. 

Translation  of  the  same. 

Mr.  McLane  to  Mr.  Castillo,  December  31,  1833 

Mr.  Castillo  to  Mr.  McLane,  January  9,  1834.     Extract. 

479784 


[  Doc.  No.  42.  ] 

Translation  of  the  same. 

Mr.  Castillo  to  Mr.  McLane,  May  26,  1834. 

Translation  of  the  same. 

The  Minister  of  Foreign  Affairs  of  Mexico  to  the   Secretary  of 

State  of  the  United  States,  October  21,  1834. 
Translation  of  the  same. 

Mr.  Castillo  to  Mr.  Forsyth,  December  4,  1834. 
Translation  of  the  same. 

Mr.  Forsyth  to  Mr.  Castillo,  December  11,  1834. 
Mr.  Castillo  to  Mr.  Forsyth,  December  15,  1834. 
Translation  of  the  same. 
Mr.  Forsyth  to  Mr.  Castillo,  January  9,  1835. 
Mr.  Castillo  to  Mr.  Forsyth,  January  12,  1835. 
Translation  of  the  same. 
Mr.  Castillo  to  Mr.  Forsyth,  April  29,  1835. 
Translation  of  the  same. 
Mr.  Dickins  to  Mr.  Castillo,  May  11,  1835. 
Mr.  Castillo  to  Mr.  Dickins,  June  2,  1835. 
Translation  of  the  same. 
Copy  of  the  convention. 
Translation  of  the  same. 
Mr.  Dickins  to  Mr.  Castillo,  June  4,  1835. 
Mr.  Castillo  to  Mr.  Dickins,  June  6,  1835. 
Translation  of  the  same. 
Mr.  Castillo  to  Mr.  Forsyth,  July  10,  1835. 
Translation  of  the  same. 
Mr.  Forsyth  to  Mr.  Castillo,  July  21,  1835. 
The  same  to  the  same,  February  1,  1S36.     Extract. 
Mr.  Gorostizato  Mr.  Forsyth,  March  28,  1836. 
Translation  of  the  same. 
Mr.  Forsyth  to  Mr.  Gorostiza,  April  1,  1836. 
Mr.  Gorostiza  to  Mr.  Forsyth,  April  4, 1836. 

Translation  of  the  same. 

Copy  of  Mr.  Gorostiza's  general  power. 

Translation  of  the  same. 

Copy  of  Mr.  Gorostiza's  special  power. 

Translation  of  the  same. 

Mr.  Forsyth  to  Mr.  Gorostiza.  April  13,  1836. 

Mr.  Gorostiza  to  Mr.  Forsyth,  April  18,  1836. 

Translation  of  the  same. 

Mr.  Forsyth  to  Mr.  Gorostiza,  April  18, 1836. 

The  declaration. 


f  Doc.  No.  42.  J  5 

Mr.  Clay  to  Mr.  Poinsett. — Extract. 

Department  of  State, 

Washington,  March  26,  1825. 
#  #  #  # 

The  final  establishment  of  the  limits  between  the  territories  of  the  United 
States  and  those  of  the  United  Mexican  States  is  an  interesting  object,  to 
which  yon  will  direct  your  attention.  By  the  third  article  of  the  treaty 
"of  amity,  settlement,  and  limits,  between  the  United  States  of  America 
and  his  Catholic  Majesty,"  concluded  and  signed  at  Washington  on  the 
22d  day  of  February,  1819,  it  is  pbvided  that  4<  the  boundary  line  between 
the  two  countries  west  of  the  Mississippi  shall  begin  on  the  Gnlfof  Mexico, 
at  the  mouth  of  the  river  Sabine,  in  the  sea,  continuing  north,  along  the 
western  bank  of  that  river,  to  the  32d  degree  of  latitude  ;  thence  by  a  line 
due  north,  to  the  degree  of  latitude  where  it  strikes  the  Rio  Roxo  of  Natchi- 
toches or  Red  river;  then  following  the  course  of  the  Rio  Roxo  west- 
ward, to  the  degree  of  longitude  100  west  from  London  and  23  from 
Washington  :  then  crossing  the  said  Red  river,  and  running  thence,  by  a 
line  due  north,  to  the  river  Arkansas  ;  thence  following  the  course  of  the 
southern  bank  of  the  Arkansas  to  its  source,  in  latitude  42  degrees  north, 
and  thence  by  that  parallel  of  latitude  to  the  South  sea.  The  whole  being  as 
laid  down  in  Melish's  Map  of  the  United  States,  published  at  Philadelphia, 
improved  to  the  first  of  January,  1818.  But  if  the  source  of  the  Arkansas 
river  shall  be  found  to  fall  north  or  south  of  latitude  42,  then  the  line  shall 
run  from  the  said  source,  due  south  or  north,  as  the  case  may  he,  till  it 
meets  the  said  parallel  of  latitude  42,  and  thence  along  the  said  parallel  to 
the  South  sea.  All  the  islands  in  the  Sabine  and  the  said  Red  and  Ar- 
kansas rivers,  throughout  the  course  thus  described,  to  belong  to  the  United 
States  ;  but  the  use  of  the  waters  and  the  navigation  of  the  Sabine  to  the 
sea,  and  of  the  said  rivers  Roxo  and  Arkansas,  throughout  the  extent  of  the 
said  boundary,  on  their  respective  banks,  shall  be  common  to  the  respec- 
tive inhabitants  of  both  nations." 

By  the  fourth  article,  provision  is  made  for  the  appointment,  by  each  of 
the  contracting  parties,  of  a  commissioner  and  surveyor,  to  fix,  with  more 
precision,  the  line  described  in  the  third,  and  to  place  the  land-marks  which 
shall  designate  exactly  the  limits  of  both  nations  ;  but  it  has  not  yet  been 
carried  into  execution.  That  treaty  having  been  concluded  when  Mexico 
composed  a  part  of  the  dominions  of  Spain,  is  obligatory  upon  both  the 
United  States  and  Mexico,  (hi  the  15th  of  February,  1824.  Mr.  Torrens, 
the  charge  d'affaires  from  Mexico  near  this  Government,  addressed  a  note 
to  this  Department,  (of  which  a  copy  is  annexed.)  in  which  he  declares 
the  willingness  of  the  supreme  executive  power  of  Mexico  to  accede  to  the 
limits  agreed  upon  in  the  third  article  above  mentioned,  and  its  readiness 
to  co-operate  with  the  United  States  in  carrying  into  complete  effect  those 
two  articles. 

Some  difficulties  may  possibly  hereafter  arise  between  the  two  countries 
from  the  line  thus  agreed  upon,  against  which  it  would  be  desirable  now 
to  guard,  if  practicable;  and  as  the  Government  of  Mexico  may  be  sup- 
posed not  to  have  any  disinclination  to  the  fixation  of  a  new  line  which 
would  prevent  those  difficulties,  the  President  wishes  you  to  sound  it  on 
that  subject ;  and  to  avail  yourself  of  a  favorable  disposition,  if  you  should 


[  Doc.  No.  42.  J 


find  it,  to  effect  that  object.  Tlie  line  of  the  Sabine  approaches  oar  great 
Western  mart  nearer  than  could  be  wished.  Perhaps  the  Mexican  Govern- 
ment may  not  be  unwilling  to  establish  that  of  the  Rio  Brassos  de  Dios,  or 
the  Rio  Colorado,  or  the  Snow  mountains,  or  the  Rio  del  Norte,  in  lieu  of 
ii.  By  the  agreed  line,  portions  of  both  the  Red  river  and  branches  of  the 
Arkansas  arc  thrown  on  the  Mexican  side,  and  the  navigation  of  both 
those  rivers,  as  well  as  that  of  the  Sabine,  is  made  common  to  the  respec- 
tive inhabitants  of  the  two  countries.  When  the  countries  adjacent  to  those 
waters  shall  come  to  be  thickly  inhabited,  collisions  and  misunderstandings 
may  arise  from  the  community  thus  established,  in  the  use  of  their  naviga- 
tion, which  it  would  be  well  now  to  prevent.  If  the  line  were  so  altered 
as  to  throw  altogether  on  one  side  lied  river  and  Arkansas,  and  their  re- 
spective  tributary  streams,  and  the  line  on  the  Sabine  were  removed  further 
west,  all  causes  of  future  collision  would  be  prevented.  The  Government 
of  Mexico  may  have  a  motive  for  such  an  alteration  of  the  line  as  is  here 
proposed,  in  the  fact  that  it  would  have  the  effect  of  placing  the  city  of  Mex- 
ico nearer  the  centre  of  its  territories.  If  the  line  were  so  changed,  the 
greater  part,  if  not  the  whole,  of  the  powerful,  warlike,  and  turbulent  In- 
dian nation  of  the  Camanches  would  be  thrown  on  the  side  of  the  United 
States  :  and  as  an  equivalent  for  the  proposed  cession  of  territory,  they 
would  stipulate  to  restrain,  as  far  as  practicable,  the  Camanches  from 
committing  hostilities  and  depredations  upon  the  territories  and  people, 
whether  Indians  or  otherwise,  of  Mexico. 

But  if  you  shall  find  that  the  Mexican  Government  is  unwilling  to  alter 
the  agreed  line  in  the  manner  proposed,  and  that  it  insists  upon  the  execu- 
tion of  the  third  and  fourth  articles  of  the  treaty  before  mentioned,  you  are 
authorized  to  agree  to  the  recognition  and  establishment  of  the  line  as  de- 
scribed in  the  third  article,  and  to  the  demarcation  of  it  forthwith,  as  is 
stipulated  in  the  fourth.  But,  in  that  case,  you  will  urge,  not  however  as 
a  sine  qua  nan,  the  insei  tion  of  an  article  in  the  treaty,  by  which  each  party 
shall  undertake  to  restrain  the  Indians  residing  within  his  territories  from 
comnr  5 tilities  upon  the  people,  Indians,  or  territories,  of  the  other. 

Thecxample  of  such  an  article,  which  v.  ill  at  the  same  time  furnish  a  model 
for  that  which  is  proposed,  is  to  be  found  in  the  fifth  article  of  the  treaty 
of  friendship,  limits,  and  navigation,  between  the  United  States  of  America 
and  the  Ring  of  Spain,  which  was  signed  at  San  Lorenzo  cl  Ileal,  the  2fth 
di.y  of  October,  1795.  The  hostilities  which  the  President  is  desirous  to 
restrain  are  afflicting  to  humanity  when  confined  to  the  Indians  themselves: 
but  they  often  affect,  collaterally,  peaceable  citizens  who  are  no  parties  to 

in,  and  their  properly. 


Mr.  Torrens  to  Mr.  Adams. 

Washington,  February  15,  1824. 

Sib  ivc  ]  '  '  ixico,  wishing  to  remove  all 

roatt  'f!  understanding  which  it  is  its  desire  to 

rnment  of  the  United  States  of  America,  commu- 

I  to  me,  through  the  minister  of  internal  and  foreign   affairs,  the 

necessary  instructions  to  solicit  from  this  Government  that   the  limits  be- 


f  Doc.  No.  42.  ]  7 

tween  t!ie.  two  countries  be  fixed  according  to  the  3d  article  of  the  treaty 
of  Washington  of  the  22d  February.  1819,  between  the  United  Stales  and 
Spain,  drawing  the  line  and  establishing  the  landmarks  by  commis- 
sioners appointed  by  both  Governments,  in  the  same  manner  as  wns 
provided  by  the  4th  article  of  tin-  said  treaty.  I  have,  therefore,  the  honor 
to  transmit  the  present  communication  to  your  excellency,  in  order  to 
ascertain  whether  the  Executive  of  the  United  States  is  disposed  to  ac- 
knowledge the  said  article,  and  will,  accordingly,  appoint  the  commis- 
sioners aforesaid  ;  requesting,  at  the  same  time,  that  your  excellency  may 
be  pleased  to  inform  me  as  early  as  convenient,  of  the  intention  of  the 
President  of  the  United  States  on  the  subject. 
I  am,  with  the  highest  respect. 

Your  excellency's  most  obedient  servant, 

JOSE  A.  TORRENS. 
His  Excellency  John  Quincy  Adams, 

Secretary  of  State. 


Mr.  Clay  to  Mr.  Poinsett. — Extracts. 

Department  of  State, 

September  24,  1825. 

*  *  * 

The  President  approves  of  your  consenting  to  treat  on  the  two  subjects 
of  commerce  and  limits  separately.  Indeed,  it  was  never  contemplated 
that  one  of  them  should  be  dependent  on  the  other. 

*  #  # 

The  President  sees,  with  regret,  the  reluctance,  on  the  part  of  the  Mex- 
ican Government,  to  agree  to  the  opening  of  the  road  from  Missouri 
towards  Santa  Fe.  The  road  was  intended  for  purely  commercial  pur- 
poses, and  doubtless  the  people  of  both  countries  would  be  benefited  by  the 
exchanges  which  it  would  facilitate.  No  misconception  could  lie  greater 
than  that  of  its  having  originated  in  views  of  territorial  acquisition.  If 
either  party  could  lose  by  it,  it  would  probably  be  the  United  States,  many 
of  whose  enterprising  citizens  might  be  tempted,  by  the  intercourse  to 
which  it  would  lead,  in  consequence  of  the  greater  cheapness,  or  other  ad- 
vantages, of  the  lands  of  the  internal  provinces,  to  migrate  thither.  The 
connexion  between  the  fixation  of  limits  and  the  proposed  road  is  not  per- 
ceived. Wherever  the  limits  may  now  or  hereafter  shall  be  established, 
the  road  will  be  useful.  It  proposes  no  disturbance  in  existing  or  con- 
templated limits.  In  fact,  an  imperfect  trace  or  road,  such  as  it  is  is 
now  used  ;  and  the  sole  question  is,  whether  it  shall  he  rendered  more 
convenient  to  the  persons  whose  interest  or  inclination  shall  induce  them 
to  travel  it.  To  defer  making  the  road  more  visible  and  comfortable,  for 
an  indefinite  period  :  to  deny  to  the  parties  mutually  a  certain  benefit,  in 
prospect  of  a  future  and  contingent  arrangement,  to  which  it  has  no  neces- 
sary relation,  does  not  seem  advisable. 

Nor  does  the  President  perceive  the  utility  of  a  joint  appointment  by 
the  two  Governments,  of  "commissioners  who,  by  examining,  together, 


8  [  Doc.  No.  42.  ] 

the  country  within  a  given  latitude,  from  one  sea  to  the  other,  might  pre- 
sent exact  information  upon  which  the  limits  might  be  established,  as  is 
desired."  After  agreeing  upon  the  principles  on  which  a  line  of  demarca- 
tion between  the  territories  of  two  nations  should  he  run,  it  has  been 
usual  to  appoint,  conjointly,  commissioners  to  proceed  to  mark  and  abut 
the  line.  Their  duty  is  then  prescribed  ;  and  if  any  variance  arises  be- 
:  them,  observations  and  experiments,  with  proper  instruments,  gener- 
ally enable  them  to  reconcile  it.  But  it  has  not  been  customary  to  send 
forth  commissioners,  either  to  agree  upon  a  suitable  boundary,  or  to  col- 
lect data  upon  which  the  parties  are  subsequently  to  establish  one.  Such 
a  course  would  be  to  reverse  the  order  of  proceeding  which  is  recom- 
mended by  the  practice  and  experience  of  nations.  It  would,  probably, 
leave  the  state  of  information  which  should  guide  the  two  powers  pictty 
much  as  it  now  is.  There  is  hut  little  likelihood  that  the  commissioners 
would  agree,  and  each  set  would  be  influenced  by  the  separate  views  of 
policy  which  it  might  happen  to  take  of  the  particular  country  which  it; 
represented.  If  it  were  needful  for  both  parties  to  acquire  the  knowledge 
which  the  Mexican  Government  supposes  to  be  wanted,  it  would  be  better 
for  each  to  send  out  its  nwn  exploring  commissioners,  under  its  separate 
instructions.  For  ourselves,  although  much,  undoubtedly,  remains  to  be 
known  of  the  countries  through  which  the  line  may  be  fixed,  we  believe 
that  the  stock  of  our  information  is  sufficient  to  enable  us  to  agree  upon  a 
boundary  that  would  be  satisfactory  to  us.  In  declining,  however,  to  ac- 
cede to  the  measure  of  creating  a  joint  commission,  the  President  would 
not  be  understood  as  objecting  to  a  resort,  by  the  Mexican  Government, 
for  its  own  satisfaction,  to  the  appointment  of  commissioners  for  the  pur- 
j:  ,.-.-  of  collecting  any  information  which  it  may  desire.  Should  it  persist 
in  attaching  importance  to  such  a  measure,  the  hope  is  indulged  that  no 
unnecessary  time  will  be  lost  in  sending  out  the  commission,  so  that  the 
negotiation,  in  regard  to  the  limits,  may  be  resumed  with  as  little  delay  as 
possible. 


Mr.  Clay  to  Mr.  Poinsett. — Extract. 

Department  of  State, 

frashington,  March  15,  182T. 
Sir  :  The  great  extent  and  the  facility  which  appears  to  have  attended 
the  procurement  of  grants  from  the  Government  of  the  United  Mexican 
Slates,  for  huge  tracts  of  country  to  citizens  of  the  United  States,  in  the 
province  of  Texas,  authorize  the  belief  that  but  little  value  is  placed  upon 
the  possession  of  the  province  by  that  Government.  These  grants  seem  to 
have  been  made  without  any  sort  of  equivalent,  judging  according  to  our 
opinions  of  the  value  of  land.  They  have  been  made  to,  and  apparently 
ii.  contemplation  of  being  settled  by,  citizens  from  the  United  States, 
These  emigrants  will  cany  with  them  our  principles  of  law,  liberty,  and 
;;  ligion  ;  and  however  much  it  may  be  hoped  they  might  be  disposed  to 
amalgamate  with  the  ancient  inhabitants  of  Mexico,  so  far  as  political 
freedom  is  concerned,  it  would  be  almost  too  much  to  expect  that  all  col- 


[  Doc.  No.  42.  ]  9 

lisions  would  be  avoided  on  other  subjects.  Already  some  of  these  collisions 
have  manifested  themselves,  and  others,  in  the  progress  of  time,  may  be 
anticipated  with  confidence.  These  collisions  may  insensibly  enlist  the 
sympathies  and  feelings  of  the  two  republics  and  lead  to  misunderstandings. 

The  fixation  of  a  line  of  boundary  of  the  United  States  on  the  side  of 
Mexico,  should  be  such  as  to  secure,  not  merely  certainty  and  apparent 
safety  in  the  respective  limits  of  the  two  countries,  but  the  consciousness  of 
freedom  from  all  danger  of  attack  on  cither  side,  and  the  removal  of  all 
motives  for  such  attack.  That  of  the  Sabine  brings  Mexico  nearer  our 
great  Western  commercial  capital  than  is  desirable. ;  and  although  we  now 
are,  and  for  a  long  time  may  remain,  perfectly  satisfied  with  the  justice 
and  moderation  of  our  neighbor,  still  it  would  be  better  for  both  parties 
that  neither  should  feel  that  he  is  in  any  condition  of  exposure  on  the  re- 
mote contingency  of  an  alteration  in  existing  friendly  sentiments. 

Impressed  with  these  views,  the  President  has  thought  the  present  might 
be  an  auspicious  period  for  urging  a  negotiation,  at  Mexico,  to  settle  the 
boundary  between  the  territories  of  the  two  republics.  The  success  of  the 
negotiation  will  probably  be  promoted  by  throwing  into  it  other  motives 
than  those  which  strictly  belong  to  the  subject  itself.  If  we  could  obtain 
such  a  boundary  as  we  desire,  the  Government  of  the  United  States  might 
be  disposed  to  pay  a  reasonable  pecuniary  consideration.  The  boundary 
which  we  prefer  is  that  which,  beginning  at  the  mouth  of  the  Rio  del 
Norte  in  the  sea,  shall  ascend  that  river  to  the  mouth  of  the  Rio  Ptierco, 
thence  ascending  this  river  to  its  source,  and  from  its  source,  by  a  line  due 
north,  to  strike,  the  Arkansas,  thence  following  the  course  of  the  southern 
bank  of  the  Arkansas  to  its  source,  in  latitude  42°  north,  and  thence  by 
that  parallel  of  latitude  to  the  South  sea.  The  boundary  thus  described 
would,  according  to  the  United  States  Tanner's  map,  published  in  the 
United  States,  leave  Santa  Fe  within  the  limits  of  Mexico  and  the  whole 
of  Red  river  or  Rio  Roxo  and  the  Arkansas,  as  far  up  as  it  is  probably 
navigable,  within  the  limits  assigned  to  the  United  States.  If  that  bound- 
ary be  unattainable,  we  would,  as  the  next  most  desirable,  agree  to  that  of 
the  Colorado,  beginning  at  its  mouth,  in  the  bay  of  Bernardo,  and  ascend- 
ing the  river  to  its  source,  and  thence  by  a  line  due  north  to  the  Arkansas, 
and  thence,  as  above  traced,  to  the  South  sea.  This  latter  boundary 
would  probably  also  give  us  the  whole  of  the  Red  river,  would  throw  us 
somewhat  farther  from  Santa  Fe,  but  it  would  strike  Arkansas  possibly  at 
a  navigable  point..  To  obtain  the  first-described  boundary,  the  President 
authorizes  you  to  offer  to  the  Government  of  Mexico  a  sum  not  exceeding 
one  million  of  dollars.  If  you  find  it  impracticable  to  procure  that  line, 
you  are  then  authorized  to  offer,  for  the  above  line  of  the  Colorado,  the 
sum  of  five  hundred  thousand  dollars,  If  either  of  the  above  offers  should 
be  accepted,  you  may  stipulate  for  the  payment  of  the  sum  of  money,  as 
you  may  happen  to  agree,  within  any  period  not  less  than  three  months 
after  the  exchange  at  the  city  of  Washington  of  the  ratifications  of  the 
treaty. 

Should  you  be  able  to  conclude  a  treaty,  it  will  be  necessary  that  it 
should  contain  a  stipulation  for  the  mutual  right  of  navigation  of  the  Rio 
del  Norte  or  the  Colorado,  as  the  one  or  the  other  of  them  may  be  agreed 
on  ;  and  for  the  exercise  of  a  common  jurisdiction  over  the  river  itself.  The 
treaty  may  also  provide  for  the  confirmation  of  all  bona  fide  grants  for 
lands  made  prior  to  its  date,  with  the  conditions  of  which  there  shall  have 


10  f  Doc,  No.  42.  J 

been  a  compliance  :  and  it  may  contain  a  provision  similar  to  that  :n  tlie 
Louisiana  and  Florida  treaties,  for  the  incorporation  of  the  inhabitants  into 
the  Union,  as  soon  as  it  can  be  done  consistently  with  the  principles  of 
the  Federal  constitution,  and  for  their  enjoyment  of  their  liberty,  prop- 
erty, and  religion. 

There  should  also  be  a  provision  made  for  the  delivery  of  the  country 
to  the  United  States  simultaneously,  or  as  nearly  so  as  practicable,  with 
the  payment  of  the  consideration.  We  should  be  satisfied  with  a  surren- 
der of  possession  at  that  time,  as  far  as  the  riv?r  line  extends,  (the  Del 
Norte  or  the  Colorado,)  and  to  receive  the  residue  as  soon  as  the  line  to 
the*  Arkansas  can  be  traced,  which  the  treaty  ought  to  provide  should  be 
done  without  unnecessary  delay,  and,  at  all  events,  before  a  future  day 
to  be  specified. 

Joel  R.  Poinsett,  Esq.,  &c. 


Mr.  Van  Buren  to  Mr.  Poinsett. 

Department  of  State, 

Washington,  August  25,  1829. 

Siu  :  It  is  the  wish  of  the  President  that  you  should,  without  delay, 
open  a  negotiation  with  the  Mexican  Government  for  the  purchase  of  so 
much  of  the  province  of  Texas  as  is  hereinafter  described,  or  for  such  a 
part  thereof  as  they  can  be  induced  to  cede  to  us,  if  the  same  be  conforma- 
ble to  either  of  the  locations  with  which  you  are  herewith  furnished.  The 
President  is  aware  of  the  difficulties  which  may  be  interposed  to  the  ac- 
complishment of  the  object  in  view  ;  but  he  confidently  believes  that  the 
views  of  the  matter  which  it  will  be  in  your  power  to  submit,  and  the  pecu- 
niary consideration  which  you  will  be  authorized  to  propose,  will  enable 
you  to  effect  it.  He  isinduccd,  by  a  deep  conviction  of  the  real  necessity 
of  the  proposed  acquisition,  not  only  as  a  guard  for  our  Western  frontier, 
and  the  protection  of  New  Orleans,  but  also  to  secure  forever  to  the  in- 
habitants of  the  valley  of  the  Mississippi,  the  undisputed  and  undisturbed 
possession  of  the  navigation  of  that  river,  together  with  the  belief  that  the 
present  moment  is  particularly  favorable  for  the  purpose,  to  request  your 
early  and  unremitting  attention  to  the  subject. 

The  territory  of  which  a  cession  is  desired  by  the  United  States  is  all 
that  part  of  the  province  of  Texas  which  lies  east  of  a  line  beginning  at 
the  Gulf  of  Mexico,  in  the  centre  of  the  desert  or  Grand  prairie,  which 
lies  west]  of  the  Rio  Nueces,  and  is  represented  to  be  nearly  two  hundred 
miles  in  width,  and  to  extend  north  to  the  mountains.  The  proposed  line 
following  the  course  of  the  centre  of  that  desert  or  prairie,  north,  to  the 
mountains,  dividing  the  waters  of  the  Rio  Grande  del  Norte  from  those 
that  run  eastward  to  the  Gulf,  and  until  it  strikes  our  present  boundary  at 
thc42d  degree  of  north  latitude.  It  is  known  that  the  line  above  described 
includes  the  Spanish  settlements  of  La  Bahia  and  San  Antonia  de  Bexar, 
comprising  all  the  Mexican  inhabitants  of  the  province,  and  this  may 
furnish  an  objecton  to  so  extensive  a  cession.  If,  from  this  circumstance, 
the  objection  should  be  made,  and  you  find  the  Mexican  Government  dis~ 


[  Doc.  No.  42.  J  11 

posed  to  cede  any  portion  of  the  territory  in  question,  you  arc  authorized 
to  agree  to  any  of  the  following  lines,  regarding  those  farthest  west  as 
preferable.  The  second  proposed  line  commences  on  the  western  bank  of 
the  Rio  de  la  Baca,  where  it  discharges  itself  into  Matagorda  bay,  and 
continuing  up  that  river  on  the  western  bank  thereof  to  the  head  of  its 
most  westerly  branch  ;  thence  due  north  until  the  line  shall  strike  the  Rio 
Colorado  ;  and  thence  up  the  Colorado  river,  on  the  western  bank  thereof, 
to  the  head  of  its  principal  stream  ;  thence  by  the  most  direct  course  that 
will  intersect  our  line  at  the  42d  degree  of  north  latitude,  and  include  the 
head- waters  of  the  Arkansas  and  Red  rivers. 

The  third  proposal  may  be  a  line  to  commence  at  the  mouth  of  the  Rio 
Colorado,  where  that  river  empties  itself  into  Matagorda  bay,  and  on  the 
west  bank  thereof,  to  continue  up  that  river  to  the  head  of  its  principal 
stream ;  and  thence  by  a  line  drawn  from  the  head  of  its  principal  stream 
so  as  to  intersect  our  present  boundary  line  at  the  42d  degree  of  north 
latitude,  including  also  the  head- waters  last  mentioned. 

The  last  proposition  may  be  a  line  to  commence  on  the  Gulf  of  Mexico, 
at  the  mouth  of  the  Rio  Brassos  de  Dios,  and  on  the  westerly  bank  of  that 
river,  to  pursue  the  course  of  that  river  up  to  the  head  of  its  most  westerly 
branch,  by  the  west  bank  thereof;  and  from  the  head  of  that  branch  of 
the  river  by  such  a  course  as  will  enable  us  to  intersect  our  present  line  at 
the  point  already  indicated. 

In  the  event  of  adopting  either  of  the  propositions  which  establish  the 
mouth  of  the  La  Baca  river  or  the  mouth  of  the  Colorado  river  as  the 
boundary,  it  must  be  stipulated  for  an  extension  of  that  line  due  south 
from  the  mouth  of  the  river  to  the  Gulf  of  Mexico. 

The  preceding  boundaries  are  as  definite  as,  with  the  materials  in  the 
Department,  I  have  been  able  to  make  them.  It  is,  nevertheless,  probable  that 
they  may  be  greatly  improved  by  a  more  accurate  knowledge  of  the  locali- 
ties of  the  country.  It  is  submitted  to  your  discretion  to  make  such  altera- 
tions as  shall  appear  to  you  to  he  clearly  beneficial  to  the  United  States. 

The  boundary  at  present  assumed  by  Mexico  is  deemed  objectionable  as 
well  on  the  ground  of  its  alleged  uncertainty  as  for  reasons  of  a  different 
character.  It  is  represented  to  us  that,  of  the  two  streams  which  empty 
into  the  Sabine  bay  through  the  same  channel,  the  one  farthest  west  is  the 
most  considerable,  and  may,  with  reason  be  claimed  to  be  the  one  refer- 
red to  in  the  treaty.  The  distance  between  them,  although  only  four 
miles  where  they  enter  the  bay,  at  some  places  approaches  to  one  hundred. 
That  there  is  much  ignorance  of  the  localities  of  the  province,  and  conse- 
quently confusion  and  error  in  the  maps  of  it  which  are  extant,  is  certain. 
Whether  the  representations  which  have  been  made  upon  the  subject  to  this 
Government  be  founded  in  truth,  or  are  the  suggestions  of  interested  indi- 
viduals to  subserve  particular  views,  remains  to  be  seen  ;  but  this  is  not 
the  only  nor  the  strongest  objection.  The  Sabine  is  a  very  inconsiderable 
stream,  and  only  navigable  by  small  crafts.  The  bay  is  shallow,  and 
neither  it  nor  the  river  can  ever  become  the  seat  of  sufficient  commerce 
to  authorize  the  establishment  of  a  custom-house  or  other  public  agency 
in  its  vicinity.  Without  such  establishment,  it  is  impossible  to  prevent 
that  frontier  from  becoming  the  seat  of  an  extensive  system  of  smuggling, 
alike  injurious  to  the  true  interests  of  both  countries.  The  lands  east  of 
the  Sabine  are,  for  the  most  part,  and  to  a  great  extent,  so  poor  and  so 
'effectually  cut  off  from  commercial  facilities,  that  they  never  can  receive 


12  [  Doc.  No.  42.  J 

or  sustain  a  dense  or  even  respectable  population.     It  is  mainly  to  that 
cause  that  the  objectionable  character  of  its  present  inhabitants  is  to  be 
attributed.     The  frontier,  therefore,  as  long  as  it  remains  such,  must  con- 
tinue to  be  what  it  has  heretofore  been,  a  receptacle  for  smugglers  and 
outlaws.     In  addition  to  the  disadvantage  which  must  result  to  the  United 
States  from  their  dependence  on  such  a  population  for  the  protection,  in 
the  first  instance,  of  their  border,  the  present,  state  of  things  is  well  cal- 
culated to  create  incessant  difficulties  and  broils  with  the  citizens  of  the 
adjacent  parts  of  Mexico,  who,  owing  to  the  superiority  of  their  soil,  and 
the  greater  commercial  advantages  that  belong  to  that  side  of  tiie   river, 
will  naturally  be  more  numerous  and  of  a  more  respectable  character. 
There  may  not  be  cause  for  much  apprehension  from  this  source  at  the 
present  day,  or  for  a  short  time  to  come  ;  but  in  so  grave  a  matter  as  the 
arrangement  and  establishment  of  a  boundary  between  independent  na- 
tions, it  becomes  us  to  look  into  futurity.     Thus  viewing  the  matter,  it 
is  far  from  visionary  to  see  in  the  present  condition   of  things  the  germ  of 
future  discontents,  which  may  grow  into  national  complaints  and  heart- 
burnings, and  perpetually  foster  and  inflame  a  spirit  of  jealousy,  to  which 
our  neighbors  are  already  too  much  inclined. 

We  are  not  left  altogether  to  conjecture  and  speculation  as  to  the  results 
which  are  to  be  expected  from  a  contiguity  of  settlements  under  such  unfa- 
vorable circumstances.     The  experience  of  the  past  affords  the  means  of  a 
safe  estimate  of  the  future.     A  spirit  of  enterprise,  and  not  unfrequently  of 
encroachment,  has  been  exhibited  by  our  citizens  who  inhabit  that  frontier, 
which  has  been  productive  of  much  uneasiness  to  the  Mexican  Government, 
and  not  without  solicitude  to  this.    Most  of  the  grants  that  have  been  made 
in  Texas  are  already  in  the  hands  of  Americans  and  Europeans.    Notwith- 
standing the  cautious  policy  evinced  by  the  Mexican  Government  in  the 
designation  of  an  extensive  border  territory,  within  which  no  grants  should 
be  made  or  settlements  permitted,  the  improvements  of  the  Americans  on 
the  Texas  side  commence  from  what  is  regarded  as  the  boundary  line,  and 
arc  scattered  over  the  prohibited  territory.     Not  only  has  the  interdict 
been  thus  disregarded  by  the  adventurous  spirits  who  have  been  attracted 
thither  by  the  unsettled  state  of  the  Mexican  Government,  but  that  Gov- 
ernment itself  has  (it  is  understood)  been  induced,  by  a  conviction  of  the 
impossibility  of  causing  it  to  be  respected,  to  make  grants  within  its  limits. 
The  want  of  confidence  and  reciprocal  attachment  between  the  Government 
and  the  present  inhabitants  of  Texas,  (not   Spanish,)  from  whatever  cause 
arising,  is  too  notorious  to  require  elucidation.     It  has,  in  the  short  space 
of  five  years,  displayed  itself  in  not  less  than  four  revolts,  one  of  them 
having,  for  its  avowed  object,  the  independence  of  the  country.    This  Gov- 
ernment embraced  the  earliest  opportunity  to  satisfy  that  of  Mexico   that 
the  insistence  to  her  lawful  authority  thus  made,  was  without  aid  or  coun- 
tenance, direct  or  indirect,  from  us.     The  ancient  and  well-settled  policy 
of  the  United  States  in  this  respect  is  so  well  known  and  has  been  soscru- 
pulously  adhered  to,  as  to  leave  no  room  for  apprehension  that  it  can  be 
ever  or  long   misunderstood  by  other  Powers.     But  still,  the  recurrence 
of  scenes  like  these,  whilst  they  furnish  the  causes  of  onerous  expenses  and 
perpetual  inquietude  on  the  part  of  Mexico,  must,  in  the  nature  of  things, 
have  a  tendency  to  excite,  at  least,  temporary  suspicions  of  our  motives, 
and  produce  consequent  heart-burnings,  hostile  to  those  cordial  and  friendly 
relations  which  should  ever  be  preserved  between  neighboring  States.     It 


[  Doc.  No.  42.  ]  13 

shall  be  the  business,  as  it  is  the  duty  of  this  Government,  so  to  conduct 
itself  towards  Mexico  as  to  furnish  no  just  grounds  for  complaint ;  hut  it 
would  he  much  better  for  both  to  extinguish  the  sources  of  misapprehension 
by  an  arrangement  founded  upon  principles  of  just  reciprocity. 

The  situation  of  Texas,  in  relation  to  the  numerous  tribes  of  Indians 
within  its  borders  and  in  its  vicinity,  also  presents  matter  which  deserves 
the  serious  consideration  of  the  parent  Government,  and  which  may,  it  is 
believed,  be  successfully  urged  in  favor  of  the  cession. 

The  Camanche    Indians,  a  numerous   and  daring  tribe,  have  for  years 
been  a  scourge  to  Texas  ;  they  have,  more  than  once,  swept  every  article 
of  live  stock  from  their  owners,  arid  killed  the  inhabitants  of  San  Antonio 
on  the  commons  in  front  of  the  public  square.     They  are  apprized,  moreo- 
ver, that  Indians  of  a  still  more  active,  war-like,  and  daring  character  have 
recently  settled  in  Texas,  and   that  their*   number  is   daily   increasing  : 
these  are  the  Shawnee,   Cherokee,  and    Kickapoo  tribes.     They  claim  an 
equal  right  of  occupancy  in  Texas  with  the  Mexicans  themselves,  and  are 
prepared,  as  they  say,  to  maintain  it  by  force.     The  ground  of  this  claim 
is  under-stood  to  be  an  invitation  which,  they  say,  was  given  to  them  by 
the   Spanish  authorities  before  the  revolution,  to  settle  in  the  province  to 
protect  its  inhabitants  against  their  old  enemy  the   Camanchcs.     Their 
number,  at  this  time  supposed  to  amount  to  five  hundred  warriors,  is  con- 
stantly increasing,  and  will  necessarily  increase  much  more  upon  the 
removal  of  the  great    body  of  the  American  Indians  further  west.     They 
have  selected  spots  for  their  settlements,  and  defy  the  public  authorities  to 
dispossess  them.     To  protect  the  civilized   inhabitants  of  Texas  against 
Indian  aggressions,  as  well  as  to   keep  in  check  the  tumultuous  spirit  of 
portions  of  the  inhabitants  themselves,  the  Mexican  Government  deems  it 
necessary  to  keep  on  foot  a  considerable  military  establishment  in  the  prov- 
ince.    This  has  been  very  expensive  to   the   Government,  and  is,  in  the 
present  depressed  state  of  their  finances,  peculiarly  burdensome,  and  will, 
probably,  be  of  necessary  continuance  so  long  as  the  province  belongs  to 
Mexico.     It  has,  however,  so  far  as  the  Indians  are  concerned,  proved 
quite  inadequate  to  the  object  in  view.     It  is  said  that  the  soldiers  are  in- 
sulted by  the  savages  at  the  muzzles  of  their  guns  •  and  that,  when  com- 
plaints are  made,  the  officers  frankly  acknowledge  their-  inability  to  give 
redress.     Similar  aggressions  were  made  on  the  American  settlements 
soon  after  their  first  establishment,  but  the  perpetrators  were  invariably 
followed  and  punished.     The  consequence  has  been  that  the  Indians  have, 
for  several  years,  abandoned   all    active  hostility  against  the  Americans, 
whilst  they  have  continued  their-  aggressions  upon  the  Mexicans.     These 
practices,  in  addition  to  the  positive  injury  they  cause  to  the  Mexicans, 
have  the  effect  of  aggravating  existing  jealousies  in  the  minds  of  tire  Mex- 
ican  inhabitants,  by  infusing  a  suspicion   that  the   exemption  which   is 
attributable  solely  to  that   hardihood,  courage,  and   enterprise  which  dis- 
tinguishes our  border-men,  arises  from  a  sinister  understanding  with  the 
Indians.     By  yielding  to  the  United  States  a  portion  of  Texas,  the  Mex- 
ican Government  will  not  only  be  relieved  from  the  expense  of  its  several 
garrisons  in  that  country,  but  will  secure  a  protection  to  their  own  terri- 
tory, by  interposing  the  United  States  between  the  Indians  and  their  east- 
ern frontier,  which  is  their  exposed  point.     Tire  Camanches  have  hitherto 
confined  their  expeditions  to  the  e  istern  side  of  the  Rio  del  Norte,  and  no 
apprehension  is  felt  on  the  west  side  of  that  river  ,*  for,  in  addition  to  the 


]4  [  Doc.  No.  42.  ] 

extent  of  desert  to  cross,  before  they  can  reach  the  western  settlements, 
their  is  also  a  river  of  great  width  with  a  rapid  current  to  overcome. 
There  is  another  consideration,  of  much  intrinsic  weight,  which  may  be 
urged,  if  reference  to  it  would  not,  in  your  judgment,  give  cause  of  offence 

Being  on  the  spot,  and  fully  conversant  with  the  feelings  of  those  who 
constitute  the  Mexican  Government,  and  with  current  events,  your  judg- 
ment as  to  the  effect  likely  tube  produced  by  what  is  said  or  proposed  upon 
this  subject,  is  most  to  be  depended  upon.  The  unsettled  state  of  the 
Mexican  Government  is  too  well  known  to  be  disguised.  The  successive 
revolutions  to  which  it  has  already  been  exposed  attest  the  fact ;  and  the 
dangers  which  threaten  it  from  the  intrigues,  if  not  the  open  hostilities  of 
Spain,  are  of  a  character  which  cannot  be  regarded  with  indifference. 
This  i  onsideratioii,  with  many  others  that  might  be  stated,  but  which  your 
knowledge  of  circumstances  will  readily  suggest,  expose  her  extended 
confederacy  to  the  hazard  of  dismemberment.  It  will  readily  be  admit- 
ted by  her  well-informed  men  that,  in  such  an  event,  the  first  successful 
blow  would,  most  probably,  be  struck  in  Texas.  Although  the  Reparation 
of  that  territory  for  a  limited  period  would  not  be  of  much  importance, 
still  the  probable  effect  of  the  example  could  not  fail  to  be  highly  detri- 
mental. A  state  of  things  which  renders  so  disastrous  an  event  poss:b!e, 
not  to  say  probable,  deserves  the  serious  consideration  of  that  Gov- 
ernment. 

The  line  proposed  as  the  one  most  desirable  to  us,  would  constitute  a 
natural  separation  of  the  resources  of  the  two  nations.  It  is  the  centre  of 
a  country  uninhabitable  on  the  Gulf;  and,  on  the  mountains,  so  difficult  of 
.  and  so  poor,  as  to  furnish  no  inducement  for  a  land  intercourse; 
ant',  of  course,  no  theatre  for  those  differences  that  are  almost  inseparable 
from  a  neighborhood  of  commercial  interests.  It  corresponds  with  the 
habitual  feelings  of  the  people  of  Mexico,  and  with  the  avowed  policy  of 
the  Mexican  Government,  by  causing  a  wide  separation  and  difficulties  of 
intercourse  between  the  inhabitants  of  the  two  countries,  and  by  prevent- 
ing those  excitements  and  bickerings  invariably  produced  by  the  contigu- 
ous operation  of  conflicting  laws,  habits,  and  interests.  The  commercial 
.ineiit  which  would  be  forthwith  made  at  the  Nueces,  and  in  its 
vicinity,  would  enable  us  to  preserve,  in  a  great  degree,  tiie  morals  of  the 
inhabitants  of  both  sides,  by  the  prevention  of  smuggling  ;  and  the  Mex- 
ican Government,  by  thus  respecting  the  real  interests  of  the  United  States, 
without  actual  prejudice  to  its  own,  would  afford  the  strongest  evidence 
of  that  spirit  of  friendship  by  which  the  United  States  have  always  been 
influenced  towards  it,  and  which  should  ever  characterize  the  conduct  of 
neighboring  republics. 

The  President  does  not  desire  the  proposed  cession  without  rendering  a 
just  and  lair  equivalent  for  it.  He.  therefore,  authorizes  you  to  offer  to 
the  Mexican  Government  for  ft  cession  according  to  the  first-mentioned 
boundary,  a  sum  not  exceeding  four  millions  of  dollars  :  and  so  strong  are 
his  convictions  of  its  great,  value  to  the  United  States,  that  he  will  not  ob- 
ject, il  you  should  find  it  indispensably  necessary,  logo  as  high  as  five 
millions.  Von  will,  of  course,  consult  the  interests  of  the  United  States, 
by  obtaining  the  cession  (if  it  can  be  obtained  at  all)  upon  terms  as  favor- 
able, and  for  a  [nice  as  low  as  practicable,  regarding  the  sum  above  sta- 
led only  as  the  maximum  amount  to  which  you  are  authorized  to  go. 
Should  you  find  the  Government  of  Mexico  unwilling  to  part  with  as  large 


[  Doc.  No.  42.  ]  ]5 

a  portion  of  their  territory  as  would  be  included  in  the  first-mentioned 
bounds,  but  disposed  to  cede  a  legs,  quantity,  you  will,  in  such  case,  en- 
deavor to  obtain  a  cession  agreeable  to  sonic  one  of  the  boundaries  above 
described,  urging  their,  in  the  order  of  preference  before  stated,  ami  stipu- 
late to  pay  therefor  a  sum  which,  estimating  live  millions  as  a  fair  com- 
pensation t\n-  the  largest  extent  proposed,  would  he  a  proportionate 
equivalent  for  that  which  is  ceded. 

A  credit  of  three  or  four  years,  by  annual  and  equal  instalments,  upon 
an  interest  of  six  per  centum  would,  he,  preferred  ;  but,  if  necessary,  yon 
may  stipulate  fur  the  payment  of  the  money  within  four  mouths,  or  some 
other  reasonable  time  alter  the  exchange  of  the  final  ratifications  of  the 
treaty,  and  the  delivery  of  the  possession  of  the  ceded  territory. 

The  ratification  must  he  required  to  take  place  on  the  part  of  the  Mexi- 
can Government  before  the  treaty  is  submitted  to  the  Senate  of  the  United 
States  for  its  ratification  on  our  part. 

I  have  already  stated  that  the  present  moment  is  regarded  by  us  as  an 
auspicious  one  to  secure  the  cession  ;  and  will  now  add,  that  there  does 
not  appear  to  be  any  reasonable  objection  to  its  being  embraced,  on  the 
score  of  delicacy,  or  from  an  apprehension  that,  in  doing  so,  we  would  give 
offence  to  the  Government  of  Mexico.  Nothing  would  be  more  adverse  to 
the  feelings  of  the  President  than  to  give  that  Government  reason  to  believe 
that  he  is  capable  of  taking  advantage  of  their  necessities  to  obtain  from 
them  any  portion  of  the  Mexican  territory,  the  cession  of  which  would 
impair  the  true  interests  or  commit  the  honor  of  that  country. 

The  comparatively  small  value  of  the  territory  in  question  to  Mexico; 
its  remote  and  disconnected  situation  ;  the  unsettled  condition  of  her  af- 
fairs; the  depressed  and  languishing  state  of  her  finances  ;  and  the  still, 
and  at  this  moment  particularly  threatening  attitude  of  Spain,  ail  com- 
bine to  point  out  and  recommend  to  Mexico  the  policy  of  parting  with  a 
portion  of  her  territory  of  very  limited  and  contingent  benefit,  to  supply 
herself  with  the  means  of  defending  the  residue  with  the  better  prospect  of 
success,  and  with  less  onerous  burdens  to  her  citizens.  It  is  for  the  Fed- 
eral Government  of  Mexico,  if  they  approve  of  the  policy  of  doing  so,  to 
judge  of  their  constitutional  power  to  make  the  cession.  It  is  believed 
that  no  doubt  could  exist  on  that  point,  if  the  consent  of  the  State  of  Coa- 
huila  were  obtained  ;  and  if  the  views  we  take  of  the  true  interests  of  the 
republic  of  Mexico  are  not  founded  in  error,  it  is  supposed  that  such  con- 
si.  nt  would  not  be  withheld. 

Should  you  be  able  to  conclude  a  treaty,  and  either  of  the  rivers  herein 
mentioned  be  agreed  upon  as  the  boundary,  it  will  he  necessary  that  it 
should  contain  a  stipulation  for  the  mutual  right  of  navigation,  and*  for  that 
of  con. :non  jurisdiction  over  the  river  itself.  The  treaty  may  also  provide 
for  the  confirmation  of  all  bona  fide  grants  of  land  made  prior  to  its  date. 
Your  situation  in  Congress  must  have  made  you  sensible  of  the  embarrass- 
ments and  difficulties  under  which  the  United  States  have  labored  from 
frequent  applications  for  the  confirmation  of  titles  to  lands  in  the  territories 
heretofore  ceded  to  them,  in  cases  in  which  the  original  conditions  of  the 
grants  had  not  been  complied  with.  It  is  therefore  desirable  that  the  stip- 
ulation, on  the  part  of  the  United  States,  to  confirm  grants  previously 
made,  should  be  limited,  in  terms  more  explicit  than  heretofore  used,  to 
cases  in  which  the  conditions  of  the  grants  have  been  fully  complied  with, 
whenever  the  time  for  such  compliance  shall  have  expired.     The  treaty 


10  [  Doc.  No.  42.  ] 

may  also  contain  a  provision  similar  to  that  in  the  Louisiana  and  Florida 
treaties,  lor  the  incorporation  of  the  inhabitants  into  the  Union,  as  soon  as 
it  can  be  done  consistently  with  the  principles  of  the  Federal  constitution, 
and  for  the  enjoyment  of  their  liberty,  property,  and  religion.  It  will,  of 
course,  contain  a  stipulation  for  the  delivery  of  t lie  country  to  the  United 
States  simultaneously,  or  as  neatly  so  as  may  be  practicable,  with  the 
payment  of  the  consideration. 

This  despatch  will  be  delivered  to  yon  by  Colonel  Anthony  Butler,  of 
the  State  of  Mississippi.  Colonel  Butler  has  made  himself  well  acquaint- 
ed, by  actual  examination,  with  the  territory  in  question,  its  streams  and 
localities.  In  the  belief  that  he  deserves  your  confidence,  and  that  he  may 
be  useful  to  you  in  the  negotiation,  by  supplying  you  with  facts  which 
might  not  otherwise  be  within  your  reach,  lie  has  been  instructed  to  ob- 
serve your  directions  in  regard  to  his  stay  at  Mexico,  and  his  agency  in 
the  matter  whilst  there. 

A  full  power,  authorizing  you  to  negotiate  and  conclude  a  treaty,  as 
staled  above,  is  herewith  transmitted  to  you. 

I  have  the  honor  to  be,  with  great  respect,  your  obedient  servant. 

M.  VAN  BUREX. 

Jokl  EL  Poinsett,  Esq. 

Envoy  Extraordinary  anil  Minister 

Plenipotentiary  V.  S.  to  Mexico. 


Mr.  Livingston  to  Mr.  Butler. — Extract. 

Department  of  State, 

Washington,  March  20,  1833. 

The  situation  of  affairs  in  the  State  of  Texas  y  Coahuila  makes  it  im- 
portant that  your  negotiation  on  that  subject  should  be  brought  to  a  speedy 
conclusion,  it  is  at  least  doubtful  whether,  in  a  few  weeks,  any  stipula- 
tion could  be  carried  into  effect.  No  new  instructions  on  the  subject  of  the 
proposed  cession  being  deemed  necessary,  the  President  has  directed  me 
to  refer  you  to  those  already  given  on  that  subject. 


Mr.  McLane  to  Mr.  Butler. 


Department  of  State. 

Washington,  January  13,  1834. 
Siu:  You  are  aware  that  the  period  fixed  by  the  third  article  of  the 
ttty  of  limits  with  Mexico,  and  the  article  additional  thereto,  for  the 
...eeting  of  the  commissioners  and  surveyors  provided  for  by  that  treaty, 
expired  on  the  2d  of  April  last,  and  that  in  consequence  of  the  omission  of 
the  Mexican  Government  timely  to  appoint  the  commissioner  and  surveyor 
on  their  part,  no  such  meeting  took  place.  The  appointment  of  the  com- 
missioner on  the  part  of  the  United  States  was  made  on  the  30th  May, 
183-2,  and  publicly  announced  in  the  Globe  newspaper  at  Washington,  on 


tre 
meet 


[  Doc.  No.  42.  ]  17 

the  19th  of  July,  1832,  and  notice  was  given  to  Mr.  Montoya,  the  Mexican 
charge  d'affaires,  on  the  20th  of  the  same  month,  that  this  Government 
was  prepared  to  proceed  conjointly  with  that  of  Mexico  to  the  designation 

of  the  boundary  line  ;  and  though  Mr.  Montoya  was  requested,  at  the  same 
time,  to  state  whether  any  arrangement  had  been  made  on  the  part  of  his 
Government  for  that  object,  and,  if  not,  to  request  the  immediate  attention 
of  his  Government  to  the  subject,  this  Department  remained  wholly  with- 
out information  as  to  the  appointment  of  a  commissioner  and  surveyor  on 
the  part  of  Mexico,  until  the 4th  ultimo,  when  [  was  informed  by  Mi-.  Cas- 
tillo, the  Mexican  charge  d'affaires,  under  date  of  the  2d  of  the  same 
month,  that  the  Mexican  commissioner  and  surveyor  had  been  appointed. 
I  learn  verbally  from  Mr.  Castillo  that  he  has  not  been  advised  as  to  the 
time  of  their  appointment  ;  but  by  a  report  made  by  the  minister  of  foreign 
affairs  to  the  Congress  of  Mexico  on  the  20th  of  May  last,  1  perceive  that 
no  such  appointment  bad  then  been  made  ;  on  the  contrary,  the  minister 
speaks  of  the  commission  as  yet  to  be  created  by  each  Government. 

Under  these  circumstances,  the  treaty  of  limits  cannot  be  carried  into  full 
effect  without  a  new  convention  between  the  two  Governments  providing 
for  that  object. 

The  President  directs,  therefore,  that  you  will  conclude  a  new  conven- 
tion with  the  Mexican  Government,  consisting  of  a  single  article,  stipula- 
ting for  an  extension  of  the  time  prescribed  by  the  third  article  of  the  treatv 
for  the  meeting  of  the  commissioners  and  surveyors,  and  authorizing  them 
to  meet  for  the  performance  of  their  duties  at  any  time  within  one  year  after 
the  exchange  of  the  ratifications  of  the  new  convention.  And  to  enable 
you  to  execute  these  instructions,  the  necessary  powers  are  herewith  trans- 
mitted to  you.  The  new  convention  which  you  are  now  instructed  to  con- 
clude must,  be  ratified  by  the  Mexican  Government  previously  to  submit- 
ting it  for  the  ratification  by  the  United  States,  and  provision  must  also  be 
made  for  the  exchange  of  the  ratifications  at  Washington  within  one  month 
alter  it  shall  be  ratified  by  the  United  States.  It  is  the  wish  of  the  Presi- 
dent, therefore,  that  as  soon  as  the  treaty  shall  be  ratified  by  the  Mexican 
Government,  you  will  ask  for  your  audience  of  leave,  and  return  home, 
bringing  the  ratified  treaty  with  you. 

The  previous  ratification  of  the  new  treaty  by  the  Mexican  Government 
is  a  necessary  precaution  against  impediments  similar  to  those  which  have 
heretofore  baffled  the  efforts  of  the  President  finally  to  close  this  subject; 
and  when  it  is  considered  that  these  have  arisen  chiefly,  if  not  entirely  from 
the  neglect  of  the  Mexican  Government,  she  cannot  with  any  propriety  de- 
cline complying  with  the  terms  now  presented, 

In  your  audience  of  leave,  yon  will  state  to  the  Mexican  authorities  that 
the  President  has  been  induced  by  imperative  considerations,  connected 
with  the  public  service,  to  require  your  presence  in  the  United  States,  and 
that  it  is  his  intention  as  early  as  practicable  to  renew  our  diplomatic  rela- 
tions with  the  Government  of  Mexico. 

I  am,  sir,  respectfully, 

Your  obedient  servant, 

LOUIS  McLANE. 

Anthony  Butler,  Esq. 

Charge  d'affaires  of  the  United  States,  Mexico. 

2 


IS  [  Doc.  No.  42.  ] 

Mr.  Forsyth  to  Mr.  Butler — Extract. 

Department  of  State, 

Washington,  July  2,  1835. 
Sir  :  I  have  presented  for  the  consideration  of  the  President  your  Ietler 
of  the  17th  ultimo,  relative  to  the  negotiation  with  Mexico  for  Texas.  By 
his  direction.  I  have  ihe  honor  to  inform  you  that  no  sufficient  reason  ap- 
pears  upon  it  for  any  changes  in  the  instructions  that  have  been  heretofore 
n  to  you  on  that  subject.  With  an  anxious  desire  to  secure  the  very 
desirable  alteration  in  our  boundary  with  Mexico,  the  President  is  re- 
solved that  no  means  of  even  an  equivocal  character  shall  he  used  to  ac- 
complish  it.  It  is  due  to  the  occasion  to  say  to  you  also,  that  on  the  ex- 
amination of  your  communications  on  this  subject,  connected  with  your  ver- 
bal explanations,  no  confidence  is  felt  that  your  negotiation  is  likely  to  be 
successful,  but  as  you  entertain  a  confident  belief  that  you  can  succeed  in 
a  very  short  time,  it  is  deemed  proper  to  give  you  the  opportunity  of  ben- 
efiting your  country  by  your  exertions  and  of  doing  honor  to  yourself.  The 
President,  however,  instructs  me  to  say  that  the  negotiation  must  be 
brought  to  a  close  at  once,  so  that  the  result  may  be  known  by  the.  meeting 
of  Congress,  as  provision  must  be  made,  in  case  it  is  successful,  for  curry- 
ing it  into  execution.  You  will  be  expected  in  the  United  States  as  soon 
as  it  is  closed,  to  report  the  result,  whatever  it  may  be,  by  December. 
*  #  # 

I  have  the  honor  to  be,  sir. 

Your  obedient  servant, 

JOHN  FORSYTH. 
Anthony  Butler,  Esq. 

Charge  d'affaires  of  the  United  States  to  Mexico,  Washington. 


Mr.  Forsyth  to  Mr.  Butler. — Extract. 

Department  of  State, 

Washington,  August  6,  1835. 
Sir  :  II  having  been  represented  to  the  President  that  the  port  of  St. 
Francisco,  on  the  western  coast  of  the  United  Mexican  Stales,  would  be  a 
most  desirable  place  of  resort  for  our  numerous  vessels  engaged  in  the 
whaling  business  in  the  Pacific,  far  preferable  to  any  to  which  they  now  have 
access,  he  has  directed  that  an  addition  should  be  made  to  your  instruc- 
tions relative  to  the  negotiation  for  Texas.  The  main  object  is  to  secure 
within  our  limits  the  whole  bay  of  St.  Francisco.  If  you  can  induce  the 
...  Government  to  agree  to  any  line  which  will  effect  this,  you  are 
authorized  to  offer  a  sum  of  in  addition  to  the  sum  you  were  directed 

to  ofl  line  mentioned  in  your  original  instructions  upon  the 

gubji  are  to  endeavor  first  to  obtain  the  following  boundary,  which 

insidered  the  most  eligible: 
;inning  at  the  Gulf  of  Mexico,  proceed  along  the  eastern  hank  of  the 
Rio  I  Norte  to  the  37th  parallel  of  latitude,  and  thence  along  that 

parallel  to  Lite  Pacific.     This  line  may  probably  be  supposed  to  approach 
too  near  if  not  to  include  the  Mexican  settlement  of  Monterey.    If  this  ob- 


[  Doc.  No.  42.  J  19 

jection  should)  be  urged,  you  can  obviate  it  by  explaining  that  we  have  no 
desire  to  interfere  with  the  actual  settlements  of  Mexico  on  that  coast,  and 
you  may  agree  to  any  provision  affecting  the  great  object  of  seeming  the 
bay  of  St.  Francisco  and  excluding  Monterey  and  the  territory  in  its  im- 
mediate neighborhood. 

As  it  is  not  deemed  essential  to  obtain  the  Rio  Bravo  del  Norte  for  our 
western  boundary,  if  any  objection  should  be  made  to  it,  you  may  next 
propose  the  western  line  specified  in  your  original  instructions,  but  stopping 
at  the  37th  parallel,  or  at  any  other  line  that  would  include  the  bay  of  St. 
Francisco,  and  proceeding  along  such  line  to  the  Pacific.  If  the  Rio  Bravo 
del  Norte  should  be  agreed  upon  as  the  western  line,  you  may  stipulate  for 
the  free  navigation  of  that  river  to  both  parties. 

If,  however,  you  cannot  obtain  a  southern  line  which  will  include  within 
our  limits  the  whole  bay  of  St.  Francisco,  you  will  proceed  under  your 
original  instructions,  and  bring  the  negotiation  to  a  close,  as  directed  in  the 
letter  from  the  Department  of  the  2d  July,  1835,  No.  94. 
I  have  the  honor  to  be,  sir,  your  obedient  servant, 

JOHN  FORSYTH. 

Anthony  Butleu,  Esq. 

Charge  d'affaires  of  the  United  States,  Mexico. 


Mr.  Poinsett  to  Mr.  Clay. — Extracts. 

Mexico,  July  18,  1825. 
Sir  :  I  waited  on  the  Secretary  of  State,  by  appointment,  on  the  morn- 
ing of  the  12th  instant,  in  order  to  discuss  the  manner  of  conducting  the 
negotiations  for  the  treaties  of  commerce  and  of  limits  between  the  two 
nations.     It  was  agreed  to  treat  the  two  subjects  separately. 
#  *  # 

With  respect  to  the  treaty  of  limits,  I  suggested  that,  although  the  Gov- 
ernment of  the  United  States  held  itself  bound  to  carry  into  effect  the 
treaty  of  limits  concluded  with  the  King  of  Spain  22d  of  February,  1819, 
still  it  would  appear  more  becoming  the  independent  character  of  this 
Government  to  lay  aside  that  treaty  altogether,  and  to  endeavor  to  estab- 
lish a  boundary  which  would  be  more  easily  defined,  and  which  might  be 
mutually  more  advantageous.  The  Secretary  expressed  himself  much 
gratified  by  such  a  suggestion,  and  proposed  that  the  two  Governments 
should  forthwith  appoint  commissioners  to  make  a  reconnoissance  of  the 
country  bordering  on  the  line  formerly  settled  with  Spain,  so  as  to  obtain 
such  information  in  regard  to  that  portion  of  our  respective  territories  as 
would  enable  us  to  act  understanding^  on  the  subject.  I  objected  to  this 
proposal  the  limited  powers  of  the  President  of  the  United  States,  and 
that  such  an  appointment  could  not  well  be  made  until  the  next  meeting 
of  Congress.  He  replied,  that  his  Government  would  be  very  averse 
permanently  to  fix  the  limits  between  the  two  nations  on  the  very  slender 
information  they  at  present  possessed  of  that  frontier  country.  After  some 
further  conversation  on  the  subject,  it  was  agreed  that  he  should  address 
me  a  note,  stating  the  views  of  this  Government  in  relation  to  the  pro- 
posed convention  of  limits.  This  has  not  yet  been  received. 
I  have  the  honor  to  be,  with  great  respect,  sir, 
Your  obedient  servant, 

J.  R.  POINSETT. 


20  [   Doc.   No.  42. 

Mr.  Poinsett  to  Mr.  Clay. — Extract. 

Legation  of  the  United  States  of  America, 

Mexico,  July  27,  1825. 

Sir  :  I  have  the  honor  to  enclose,  herewith,  a  translation  of  the  note 
from  the  Secretary  of  State  of  this  Government,  on  the  subject  of  the  road 
from  the  State  of  Missouri  to  Santa  Fe*of  Mew  Mexico;  and  respecting 
the  treaties  of  commerce  and  limits  between  the  two  nations,  to  which  1 
alluded  in  my  last,  marked  A ;  together  with  my  reply,  marked  B. 

1  find  that  there  exists  great  apprehension  in  the  minds  of  the  people  of 
this  country  that  the  Government  of  the  United  States  contemplate  re- 
newing their  claim  to  the  territory  north  of  the  Rio  Bravo  del  Norte  ;  and 
it  may  he  of  some  importance  to  consider  their  great  sensibility  on  this 
subject,  when  the  line  of  country  to  he  examined,  with  a  view  to  the  limits 
between  the  two  nations  shall  he  determined  on,  should  the  President 
think  proper  to  accede  to  the  proposals  contained  in  the  accompanying 
note. 


A. 

Mr.  Mamun  to  Mr.  Poinsett. 

Mexico,  July  20,  1825. 

Sir:  r  had  postponed  answering  the  note  which  your  excellency  ad- 
dressed to  me  on  the  17th  of  last  month,  respecting  the  measures  adopted 
by  the  Government  of  the  United  Slates  of  America  for  opening  a  road 
from  the  western  limit  of  the  State  of  Missouri  to  the  frontier  of  these 
States,  in  the  direction  of  Santa  ¥6  in  New  Mexico,  and  its  continuation 
beyond  those  limits,  in  concert  with  this  Government,  in  the  hope  that  I 
might  be  able,  at  the  same  time,  to  address  jour  excellency  upon  a  subject 
of  more  extensive  importance,  which  embraces,  as  your  excellency  has 
observed,  this  of  which  we  are  treating.  On  your  presentation  to  the 
most  excellent  senor  President  of  this  icpuhlir,  your  excellency  signified 
that  you  were  authorized  by  your  Government  to  conclude  treaties  of  com- 
merce ami  limits  with  this;  and  certainly  the.  opening  of  this  new  road 
supposes  the  existence  of  these  treaties,  by  virtue  of  which  the  limits  which 
divide  this  republic  from  that  will  be  settled,  as  well  as  the  regulations 
which  are  to  govern  the  commercial  relations  of  both  rations;  nor  will  it 
be  easy  to  separate  them,  without  incurring  inconveniences  very  difficult 
to  avoid.  So  that  the  President  believes  it  to  be  more  plain  and  easy  to 
commence  by  concluding  the  treaties  which  you  are  authorized  to  make, 
leaving  the  business  of  marking  out  the  road  to  he  adjusted  afterwards,  as 
dependent  upon  them,  and  which  this  Government  is  disposed  to  concur 
in,  as  it  is  convinced  that  this  new  channel  of  communication  between  the 
two  nations,  which  is  about  to  be  opened,  will  be  equally  useful  and  ben- 
eficial to  both. 

In  the  actual  state  of  things,  the  final  conclusion  of  a  treaty  which  should 
embrace  the  two  points  of  commerce  and  of  limits,  could  not  be  effected 
with  that  promptness  which  this  Government  wishes.  The  marking  out 
of  limits,  by  its  nature,  and  the  particular  difficulties  which  in  our  case 


[  Doc.  No.  42.  J  21 

attend  such  a  work,  both  by  want  of  the  topographical  information  suffi- 
ciently exact  to  inspire  any  confidence,  and  from  the  series  of  trigonomet- 
rical observations  which  it  would  he  necessary  to  make  on  a  vast  extent  of 
unexplored  country,  is  subject  to  delays  that,  however  great  the  zeal  with 
which  both  Governments  might  forward  the  work,  would  consume  a  great 
(leal  of  time;  when,  on  the  other  hand,  the  two  subjects  might  be  separated 
without  any  prejudice  to  the  national  interests.  We  might  then,  if  your 
excellency  thought  proper,  and  this  is  the  opinion  of  the  President,  pro- 
ceed immediately  to  negotiate  the  treaty  of  commerce,  leaving  on  one  side 
the  point  of  limits;  and  that  we  might  negotiate  on  this  subject,  the.  two 
Governments  might  name  their  commissioners,  who,  on  examining  together 
the  country  within  a  given  latitude,  from  one  sea  to  the  other,  might  pre- 
sent exact  information,  upon  which  the  limits  might  be  established  as  is 
desired.  This  manner  of  proceeding  throws  no  obstacle  in  the  prosecution 
of  the  end  proposed  ;  for,  whether  the  bases  for  marking  the  limits  are 
designated  previously  in  the  treaty  to  be  then  afterwards  defined  with  pre- 
cision by  commissioners  of  both  Governments,  or  whether  we  proceed  in 
the  manner  I  have  the  honor  to  propose  to  your  excellency,  the  result  will 
always  be  the  same,  with  the  only  difference,  that  by  the  method  indicated 
we  might  proceed  with  more  certainty,  and  we  should  possess  more  exact 
information  to  go  upon.  The  commissioners  which  this  Government  might 
nominate  for  this  object,  might  likewise  receive  instructions  respecting  the 
demarcation  of  this  road,  so  that  both  these  points  might  be  taken  into 
consideration  and  satisfactorily  settled.  Your  excellency  will  be  so  good 
as  to  transmit  to  your  Government  what  I  have  the  honor  to  propose  to 
you  by  order  of  the  President,  assuring  it  at  the  same  time  of  the  sincerity 
of  this  Government,  and  of  the  desire  with  which  it  is  animated  to  estab- 
lish, in  a  solid  manner,  and  to  strengthen  more  and  more  the  relations  of 
friendship  between  two  people  so  intimately  united  by  the  similarity  of  their 
institutions  and  their  interests. 

I  have  the  honor  to  be, 

With  the  highest  considerations,  &c. 

LUCAS  ALAMAN. 


B. 

Mr.  Poinsett  to  Mr.  Maman. 

Legation  of  tub  U.  S.  A. 

Mexico,  July  2.7,  1825. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  excellency's 
note  of  the  20th  instant,  in  which  your  excellency  proposes  to  postpone  the 
business  of  marking  out  the  road  from  the  frontiers  of  the  United  States  to 
Santa  Fe  of  New  Mexico,  until  after  the  conclusion  of  the  treaties  of 
commerce  and  of  limits  between  the  two  republics,  or  until  after  the  ap- 
pointment of  commissioners  to  explore  that  tract  of  country  which  will 
include  the  frontiers  of  the  two  States. 

Although  very  unwilling  to  urge  this  Government  to  adopt  a  measure 
which   it  apprehends   may  be  attended  with  unavoidable  inconveniences, 


22  [  Doc.  No.  42.  J 

I  cannot  but  regret  this  delay,  believing,  as  I  do,  that  it  will  prove  injuri- 
ous to  a  commerce,  just  rising  into  existence,  between  the  Western  States 
(if  North  America  ami  New  Mexico.  The  commissioners  for  this  object 
have  been  appointed  by  the  Government  of  the  United  States,  and  are, 
probably,  by  tins  time,  on  ilie  spot,  waiting  the  result  of  an  arrangement 
which,  from  »he  mutual  benefits  it  is  calculated  to  confer  on  both  nations, 
the  President  of  the  United  States  presumed  would  nicer  with  no  obstacle 
or  delay  on  the  part  of  the  Government  of  Mexico  :  especially  as  it  was 
believed  that  an  arrangement  might  have  been  made  so  as  effectually  to 
prevent  the  occurrence  of  those  inconveniences  which  this  Government  ap- 
pears to  apprehend.  The  object  of  marking  out  this  road  at  this  time,  is 
to  enable  the  caravans  to  find  their  way  through  the  unexplored  and  track- 
less waste  that  lies  between  the  frontier  of  the  State  of  Missouri  and  Santa 
Fe  of  New  Mexico.  To  postpone  this  business  until  the  appointment  of 
commissioners  to  survey  that  part  of  the  country,  with  a  view  to  the  final 
ut  of  our  limits,  will  embarrass  that  trade  very  much;  and  I 
still  venture  to  hope  that  his  excellency  the  President  of  these  States  will 
instruct  your  excellency  to  enter  into  some  arrangement  with  me  by  which 
this  desirable  end  may  be  sooner  accomplished. 

Aware  as  I  am  that  the  Government  of  the  United  Stales  of  America 
is  equally  anxious  with  this  to  conclude,  as  early  as  possible,  a  treaty 
which  shall  settle  on  a  permanent  basis  the  future  commercial  relations  of 
two  countries,  1  readily  accede  to  your  excellency's  proposal  to  sepa- 
rate the  two  subjects  of  commerce  and  limits,  and  request  you  will  com- 
municate to  his  excellency  the  President  my  readiness  to  proceed  imme- 
diately to  negotiate  the  treaty  of  commerce  with  such  person  or  persons 
as  he  may  think  proper  to  appoint. 

"With  respect  to  your  excellency's  proposal,  that  the  two  Governments 
should  forthwith  appoint  commissioners,  who,  by  a  careful  examination  of 
the  country  from  sea  to  sea,  within  a  given  latitude,  might  furnish  exact 
information  upon  which  the  limits  could  finally  be  adjusted,  I  see  only  one 
serious  objection  to  it,  and  that  is  the  great  delay  such  a  course  is  likely  to 
occasion.  The  President  of  the  United  States,  if  he  accedes  to  this  pro- 
posal on  the  part  of  this  Government,  cannot  appoint  such  commissioners 
until  after  the  meeting  of  Congress  in  December  next,  nor  could  they  be 
on  the  ground  before  the  spring  of  1826:  their  operations  could  not  be 
concluded  in  less  than  one} ear,  leaving  the  boundary  undefined  by  treaty 
for  the  term  of  two  years. 

Agreeably  to  the  wishes  of  his  excellency  the  President  of  these  United 
States,  I  shall  transmit  to  my  Government  his  proposals  on  this  subject; 
and,  in  the  mean  time,  pray  your  excellency  to  accept  the  assurances  of 
respect  and  consideration  with  which 

I  have  the  honor  to  he  your  excellency's 

Most  obedient  and  humble  servant, 

J.  R.  POINSETT. 


[  Doc.  No.  42.  ]  23 

Mr.  Jllaman  to  Mr.  Poinsett. — Extract. 

Mexico,  August  10,  1825. 
The  President  has  seen  with  satisfaction  the  disposition  of  your  excel- 
lency to  separate  the  two  negotiations  of  commerce  and  of  limits,  forming 
a  particular  treaty  for  each  of  these  objects,  and  has,  in  consequence, 
thought  proper  to  honor  with  his  commission,  for  the  purpose  of  adjusting 
the  first,  the  most  excellent  Senor  Don  Jose  Ignacio  Esteva,  Secretary  of 
State  for  the  Department  of  tiie  Treasury,  and  myself,  who  will  be  ready 
to  enter  into  conference  with  your  excellency  as  soon  as  you  think  proper 
to  advise  us  that  you  are  so  disposed.  With  regard  to  the  second  poii.., 
the  difficulties  and  delays  which  occur  to  your  excellency  are  inevitable  in 
either  case  ;  for  the  limits  cannot  be  definitively  settled  until  the  reconnois- 
sance  of  the  country  has  been  made  :  and  all  that  can  he  done  to  shorten 
the  time,  is  to  facilitate  this  examination  in  the  maimer  I  have  proposed  to 
your  excellency,  and  which  you  offer  to  present  to  your  Government. 


Mr.  Poinsett  to  Mr.  Clay — Extract. 

Legation  of  the  United  States, 

Mexico,  September  20,  1R25. 
Sir:  I  had  an  interview  this  morning  with  the  Secretary  of  State,  at 
Ids  request,  on  the  subject  of  the  boundary  line  between  the   two  repub- 
lics.    He  began  by  saying  that  lie  wished  to  ascertain  the  ancient  bounda- 
ries between  the  United  States  and  the  Spanish  possessions,  as  denned  by 
the  treaty  of  1795,  and  asked  me  to  trace  them  for  him  in  Melish's  map. 
I  did  so,  but  observed,  at  the  same  time,  that  that  treaty  was  concluded 
before  the  cession  of  Louisiana.     I  then  inquired  his  object  in  wishing  to 
to  ascertain  the  former  boundaries.     He  replied,  that  he  thought  it  would 
be  advisable  in  the  treaty  we  were  about  concluding,  to  specify  the  ancient 
boundary  until  the  new  line  was  agreed  upon.    I  replied,  lie  must  be  aware 
that,  previous  to  the  treaty  with  Spain  concluded  at  Washington  in  1819, 
the  United  States  of  America  claimed  to  the  Rio  Bravo  del  Norte,  and 
Spain  to  the   Mississippi ;  and  that  treaty   was  a  compromise  of  various 
disputed  claims  made  by  the  contracting  parties  ;  that  it  was  binding  on 
the  United  Mexican  States,  having  been  concluded  before  their  emancipa- 
tion  from  Spain,  and  had  since  been   acknowledged  by  their  accredited 
agent  in  the  United  States  of  America.     There  had  been  ample  tim 
have  carried   that  treaty   into  full  effect,  hut  that  the  Government  of  the 
United  Slates  had  been  withheld  from  doing  so  only  by  motives  of  delicacy 
towards  Mexico.     That  the  same  motives  had   induced  me  to  propose  an 
entire  new  treaty,  which  should  not  allude  to  the  one  formerly  concl 
with  Spain  ;  but  that  in  so  doing  I  did  not  intend  to  yield  one  squaro  inch 
ofland   which  was  included  within  the  limits  of  the  United  States  accord- 
ing to  the  boundary  line,  at  that  time  agreed  upon.     That  in  my  opinion  a 
more  advantageous  boundary  might  be  drawn  between  the  two  countries. 
but  that  such  a  line  was  not  to  be  sought  for  east  of  the  Sabine  or  north  of 
the  Red  river  or  the  Arkansas  ;  and  that,  finally,  no  article  such  as  he 
proposed  could  be  inserted  in  the  treaty,  without  my  renewing  in  it  the 


•24  [  Doc.  No.  42.  J 

claim  of  the  United  States  to  the  country  north  and  east  of  the  Rio  Bravo 

del  Norte. 

On  my  return  home  I  sent  him  a  copy  of  the  note  from  the  Mexican 
6  d'affaires  to  the  Secretary  of  State  at  Washington,  together  with 
the  treaty  between  the  United  States  and  Spain  concluded  at  Washington 
in  1819. 


Mr.  Poinsett  to  Mr.  Clay. — Extract. 

Legation  of  the  United  States, 

Mexico,  March  18,  1S25. 
#  #  # 

By  the  colonization  law  passed  in  August,  1824,  the  General  Govcrn- 
ment  reserved  twenty  leagues  of  land  from  the  frontiers  of  neighboring  na- 
tions, and  ten  Leagues  from  the  sea  shore,  which  cannot  be  granted  by  the 
States  except  with  the  previous  consent  of  the  Executive.  Having  learnt 
that  the  1're.sident  had  given  his  consent  to  a  grant  of  land  made  by  the 
State  of  Coahuila  and  Texas,  of  a  tract  situated  within  that  limit,  on  the 
lied  river,  I  called  this  morning  at  the  ofiice  of  the  Secretary  of  State,  and 
told  Espinosa  that  I  should  not  consider  any  grant  as  valid  that  was  made 
while  the  negotiations  were  pending,  in  the  event  of  that  portion  of  country 
being  included  by  the  treaty  within  the  limits  of  the  United  States.  He 
admitted  that  the  objection  was  proper,  and  engaged  to  write  to  the  State 
oi  Texas  on  the  subject. 


Mr,  Foinscil  to  J/r.  Clay — Extract. 

Legation  of  the  United  States, 

Mexico,  July  12,  1826. 

This  Government  lias  appointed  General  Teran  to  examine  the  country 
near  our  respective  frontiers,  and  to  obtain  such  information  as  will  enable 
them  to  treat  upon  that  subject  understandingly.  This  is  the  gentleman 
formerly  nominated  by  the  Executive  to  proceed  to  London,  and  whose  ap- 
pointment was  not  confirmed  by  the  Senate.  He  tells  me  that  he  will  leave 
I  he  capital  in  all  September.  I  suppose  his  departure  will  not  take  place 
before  late  in  October. 


Jlr.  Poinsett  to  Mr.  Clay. 

Legation  of  the  United  States, 

Mexico,  April  10,  182T. 
Sin  :  I  have  the  honor  to  transmit  herewith  a  translation  of  the  report 
of  tin-  committee  of  the  House  of  Deputies  on  the  treaty  concluded  here  on 
the  lotli  of  July  la    . 

•  Tills  treaty  was  not  approved  by  tlie  Senate  of  the  United  States,  nor  was  it  acted  upon 
by  the  .Mexican  Congress  in  season  for  tlie  ratifications  to  have  been  exchanged  within  the 
stipulated  lime. 


[  Doc,  No.  42.  ]  25 

This  report  lias  been  discussed  in  secret  session,  and  sent  back  to  the 
committee  with  instructions.  The  House  disapproved  of  some  of  t he  ex- 
traordinary principles  laid  down  by  the  committee  in  their  report*  and  more- 
over desired  to  have  inserted  in  the  treaty  an  additional  article,  declar- 
ing the  treaty  of  limits,  concluded  at  Washington,  between  the  United 
States  of  America  and  Spain,  to  be  valid,  and  binding  upon  the  high  con- 
tracting parties.  The  argument  lor  this  declaration  which  was  advanced 
in  the  House  and  supported  by  a  large  majority,  is  the  propriety  of  con- 
sidering this  republic,  as  having  inherited  all  the  rights  of  Spain.  The 
principle  has  hitherto  been  urged  effectively  in  all  the  disputes  between  the 
civil  and  ecclesiastical  authorities  ;  and  at  this  particular  moment  it  is  of 
the  utmost  importance  to  this  Government  to  establish  it  beyond  all  con- 
troversy. 

The  committee  has  not  yet  reported. 

The  British  treaty  has  been  ratified,  having  passed  both  Houses  without 
the  slightest  objection. 

1  have  the  honor  to  be,  sir, 

With  great  respect,  your  obedient  servant, 

J.  11.  POINSETT. 

Hon.  H.  Clay, 

Secretary  of  State,  Washington. 


Mr.  Poinsett  to  Mr.  Clay. — Extract. 

Legation  of  the  United  States, 

Mexico,  October  6,  1 827. 

*  #  * 

The  only  act  passed  hy  the  Congress,  since  the  commencement  of  their 
session,  of  any  importance,  is  the  appropriation  of  fifteen  thousand  dollars 
towards  defraying  the  expenses  of  the  commissioner,  General  Teran,  ap- 
pointed hy  this  Government  to  examine  and  report  upon  the  country  which 
lies  near  and  upon  the  boundary  between  the  United  States  and  Mexico, 
agreeably  to  the  views  of  this  Government,  as  expressed  in  their  communi- 
cation of  the of  August,  1825.     The  commission  has  not  set  out  on 

this  expedition  for  want  of  funds,  Congress  having  appropriated  what  the 
Treasury  does  not  at  this  moment  contain..  In  private  conversations  with 
the  President  and  Secretaries,  I  have  sought  to  convince  them  of  the  use- 
lessness  of  this  expedition  until  the  treaty  of  limits  is  definitively  settled. 
They  say,  in  reply,  that  the  public  is  so  anxious  to  have  that  question  set- 
tled, that  they  think  it  politic  so  to  act  at  present,  and  assure  me  of  their 
earnest  desire  to  adjust  that  delicate  point  as  soon  as  possible.  The  Presi- 
dent appointed  Don  Jose  Ignacio  Esteva  and  Don  Juan  Jose  Espinosa 
plenipotentiaries  to  treat  with  me  ;  but  having  understood  that  Mr.  Ca- 
macho  is  hourly  expected  from  London,  he  prefers  waiting  the  arrival  of 
that  gentleman,  in  order  that  the  former  plenipotentiaries  may  continue 
the  negotiations. 


26  [  Doc.  No.  42.  ] 

Mr.  Poinsett  to  Mr.  Clay — Extract. 

Legation  of  the  United  States, 

Mexico,  January  8,  1S28. 

Sir  :  The  negotiations  were  renewed  this  day,  and,  from  the  disposition 
manifested  by  the  Mexican  plenipotentiaries,  in  this  first  conference,  I  have 

every  expectation  of  concluding  the  treaty  of  friendship,  navigation,  and 
commerce,  favorably  and  promptly. 

The  Mexican  Chamber  of  Deputies  passed  a  resolution,  when  the  treaty 
was  formerly  before  them,  on  which,  i  understand,  they  will  insist.  It  is 
in  these  words,  viz  :  "This  Chamber  will  not  take  into  consideration  the 
treaty  which  the  Government  has  concluded  with  that  of  the  United  States 
of  America,  until  an  article  shall  be  inserted  in  it  recognising  the  validity 
of  that  which  was  celebrated  by  the  cabinet  of  Madrid,  in  the  year  1819, 
with  the  Government  of  Washington,  respecting  the  limits  of  the  territo- 
ries of  the  two  contracting  parties." 

The  plenipotentiaries,  in  reply  to  all  my  observations  on  the  subject, 
and  to  my  proposals  to  alter  the  limits,  insisted  that  Mexico  had  a  right 
to  consider  that  treaty  binding  upon  the  United  States,  as  being  invested 
with  all  the  rights  of  Spain,  and  bound  by  all  the  obligations  of  the  mother 
country.  They  instanced  the  cession  made  by  Spain  to  Great  Britain  of 
certain  rights  in  the  Bay  of  Honduras,  which,  however  inconvenient  to  the 
Mexican  Government,  it  had  nevertheless  felt  itself  bound  to  ratify;  and, 
in  short,  declared  that  if  I  did  not  consent  to  comply  with  the  resolution 
of  the  Chamber  of  Deputies,  it  would  be  useless  to  discuss  the  other  arti- 
cles of  the  treaty,  as  it  was  certain  that  Congress  would  not  ratify  any 
treaty  which  did  not  contain  such  a  provision. 

I  withdrew  my  opposition,  but  observed  that,  as  the  treaty  of  naviga- 
tion and  commerce  was  for  a  limited  period,  and  that  of  limits  perpetual, 
it  would  be  better  to  make  them  distinct  conventions;  to  which  proposal 
the  Mexican  plenipotentiaries  consented. 


Mr.  Poinsett  to  Mr.  Clay Extract. 

Legation  of  the  United  States, 

Mexico,  February  7,  1828. 
Siu  :     I  transmit  herewith  copies  of  the  treaty  of  limits  and  of  the  pro- 
conferences   held   with  the  Mexican  plenipotentiaries  upon 
that  subject. 

I  did  not  insist  upon  introducing  the  article,   respecting  the  obligation 
the  parties  to  restrain  the  Indian  tribes  residing  within  their  respective 
itoriea  from  committing  hostilities  against  the  people,  Indians,  or  ter- 
ritories of  the  other,  because  it  is  inserted  in  the  treaty  of  amity,  com- 
merce, and  navigation,  which  I  am  about  concluding. 

You  will  perceive  by  the  protocols  of  our  conferences  that  I  did  not  op- 
pose, any  obstacles  to  the  wishes  of  this  Government  to  adopt  the  limits 
settled  by  the  treaty  of  Washington. 


[  Doc.  No.  42.  ]  27 

PROTOCOL. 

Protocol  of  the  first  conference  between  the  plenipotentiary  of  the  Uni- 
ted States  of  America  and  the  plenipotentiaries  of  the  United  Mexi- 
can Slates,  in  order  to  conclude  a  treaty  of  limits,  held  on  the  8th  of 
January,  1828. 

'Present,  J.  R.  Poinsett,  plenipotentiary  of  the  United  States  of  America, 
and  their  excellencies  Don  Sebastian  Comacho  and  Don  Jose"  Ignacio 
Esteva,  plenipotentiaries  of  the  United  Mexican  States. 

The  plenipotentiaries  of  Mexico  read  the  resolution  of  the  Chamber  of 
Deputies  ;  which  is  in  the  following  words,  viz  : 

"This  House  will  not  take  info  consideration  the  treaty  which  the  Gov- 
ernment has  concluded  with  the  United  States  of  America  so  long  as  it 
does  not  contain  an  article  which  shall  renew  the  existence  of  the  treaty 
celebrated  by  the  cabinet  of  Madrid  in  the  year  1819,  with  that  of  Wash- 
ington, respecting  the  territorial  limits  of  the  two  contracting  parties." 

This  resolution  was  passed  on  the  2d  of  April,  1827,  and  the  treaty 
was  accordingly  sent  back  to  the  President  of  the  United  Mexican  States. 

The  plenipotentiaries  observed  that  this  resolution  rendered  it  impera- 
tive upon  the  Executive  first  to  settle  this  important  question  ;  and,  from 
the  tenor  of  the  note  addressed  to  them  by  the  plenipotentiary  of  the  Uni- 
ted States,  they  presumed  he  could  have  no  objection  to  regard  the  above- 
mentioned  treaty  as  in  full  force  and  binding  upon  the  United  States. 

The  plenipotentiary  of  the  United  States  replied  that,  although  the  lim- 
its as  settled  by  the  treaty  of  Washington  were  liable  to  some  objections, 
and  might  be  altered  advantageously  for  both  the  contracting  parties,  as 
he  had  before  frequently  explained,  still,  if  the  Government  of  Mexico  in- 
sisted upon  the  execution  of  the  third  and  fourth  articles  of  that  treaty, 
he  could  not  object  to  it. 

The  Mexican  plenipotentiaries  said  that  their  Government  had  invaria- 
bly acted  upon  the  principle  that  Mexico  was  bound  to  respect  the  treaties 
of  the  Spanish  monarchy  prior  to  the  declaration  of  her  independence;  as 
for  instance,  Great  Britain  had  acquired  rights  from  Spain  within  the  ter- 
ritory of  Mexico,  (in  the  bay  of  Honduras,)  which,  however  inconvenient 
to  this  Government,  it  was  proposed  not  to  disturb,  and  had  acknowledged 
the  existence  of  those  rights  in  the  recent  treaty  with  that  Power. 

The  plenipotentiary  of  the  United  States  replied  that  he  did  not  intend 
to  dispute  the  validity  of  a  treaty  concluded  between  the  United  States  and 
Spain  at  a  period  when  Mexico  formed  a  component  part  of  the  Spanish 
monarchy;  and  that  it  was  evident  from  former  conferences  and  from  his 
note  on  that  subject  that  lie  had  never  controverted  this  principle.  Any 
alteration  of  the  treaty  of  Washington  must  depend  upon  the  mutual  con- 
sent of  the  present  contracting  parties;  but  as  the  Executive  and  the 
Chamber  of  Deputies  of  Mexico  appeared  determined  to  insist  upon  car- 
rying the  third  and  fourth  articles  of  that  treaty  into  effect,  he  should  no 
longer  object  to  it. 

It  was  then  agreed  that  the  treaty  of  limits  should  be  made  separately, 
because  this  was  a  permanent  convention,  whereas  that  of  amity,  naviga- 
tion, and  commerce,  was  intended  to  exist  only  for  a  limited  period. 

J.  R.  POINSETT, 
S.  COMACHO, 
J.  Y.  ESTEVA. 


28  [  Doc.  No.  42.  ] 

TROTOCOL. 

Protocol  of  the  second  conference  between  the  plenipotentiary  of  the  United 
states  of  America  and  the  plenipotentiaries  of  the  United  Mexican  Slates, 
held  on  the  10th  of  January,  1828. 

Present,  the  plenipotentiaries. 

The  following  preamble  and  article  wore  drawn  up  and  agreed  to,  viz: 
"The  limits  (jf  the  United  States  of  America  with  the  bordering  terri- 
tories of  Mexico  having  been  fixed  and  designated  by  a  solemn  treaty 
concluded  and  signed  at  Washington  on  the  £2d  day  of  February,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  nineteen,  between  the 
respective  plenipotentiaries  of  the  Government  of  the  United  States  of 
America  on  the  one  part  and  of  that  of  Spain  on  the  other  :  and  whereas 
the  said  treaty  having  been  sanctioned  at  a  period  when  Mexico  consti- 
tuted a  part  of  the  Spanish  monarchy,  it  is  deemed  necessary  now  to  con- 
firm the  validity  of  the  aforesaid  treaty  of  limits,  regarding  it  as  still  in 
force  and  binding  between  the  United  States  of  America  and  the  United 
Mexican  States. 

"Art.  l.  The  dividing  limit  of  the  respective  bordering  territories 
of  the  United  States  of  America  and  of  the  United  Mexican  States,  being 
the  same  as  wore  agreed  and  fixed  upon  by  the  above-mentioned  treaty  of 
"Washington,  concluded  and  signed  on  Ihe  22d  of  February,  in  the  year 
1819.  the  two  high  contracting  parties  will  proccced  forthwith  to  carry 
into  full  effect  the  third  and  fourth  articles  of  said  treaty,  which  are  herein 
recited  as  follows.  " 

J.  R.  TOINSETT, 
S.   COMACHO, 
J.  Y.  ESTEVA. 


Mr.  Poinsett  to  Mr.  Clay. — Extract. 

Legation  of  the  United  States, 

Mexico,  April  24,  1828. 

Sir:  Tiie  treaty  of  limits  has  been  ratified  by  the  House  of  Repre- 
sentatives, and  is  now  before  the  Senate.  You  will  perceive  that  it  will 
he  impossible  to  send  the  ratification  of  this  Government  to  Washington 
in  time  for  the  exchange  of  ratifications  to  take  place  within  the  term  des- 
ated  by  the  treaty.  This  delay  has  originated  from  the  extreme  in- 
dolencc  of  the  person  who  formerly  filled  the  office  of  Secretary  of  State 
of  this  republic  lie  kept  this  treaty  in  his  office  upwards  of  two  months 
without  submitting  it  to  Congress,  although  1  repeatedly  represented  to 
him  tiie  prejudice  that  would  result  from  this  delay,  especially  totheMexi- 
c  an  Government,  which  had  already  despatched  its  commissioner  to  the 
frontiers. 


[  Doc.  No  4-2.  ]  29 

Mr.  Poinsett  to  Mr.  Clay. 

Legation  of  the  United  States, 

Mexico,  Jlpril  26,  1828. 
Siu  :  The  treaty  of  limits  between  the  United  States  and  Mexico,  con- 
clude!] and  signed  on  the  12th  of  January  last,  was  yesterday  ratified  by 
the  Mexican  Senate.  The  period  fixed  by  t lie  treaty  for  the  exchange  of 
ratifications  being  four  months  from  the  dale  of  its  signature,  I  shall  not 
transmit  the  ratification  of  ibis  Government  by  express.  It  could  not  pos- 
sibly arrive  at  Washington  in  time.  I  regret  the  delay  which  has  occurred 
here,  "because  I  am  aware  it  will  render  it  necessary  to  submit  the  treaty  a 
second  time  to  the  Senate.  This  Congress  despatched  it  with  tolerable 
promptness.  The  delay,  as  I  before  observed,  was  occasioned  by  the  dila- 
tory habits  of  the  former  Secretary  of  State. 

I  have  the  honor  to  be,  very  respectfully,  sir, 

Your  obedient  servant, 

J.  R.  POINSETT. 
Hon.  Henry  Clay, 

Secretary  of  State,  Washington. 


Mr.  Poinsett  to  the  Secretary  of  State. — Extract. 

Legation  of  the  United  States, 

Mexico,  March  10,  1829. 
In  combination  with  the  Secretary  of  Foreign  Relations,  Don  Lucas 
Alaman.  the  President  had  formed  a  plan  to  negotiate  a  new  treaty  of 
boundaries,  by  which  we  were  to  be  reduced  to  the  margin  of  the  Mississippi, 
for  they  believed  that,  by  the  treaty  of  Washington,  we  bad  unjustly  de- 
prived Spain  of  a  large  portion  of  her  territory.  They  were  exceedingly 
surprised,  therefore,  when  no  objection  was  made  by  this  legation  to  re- 
new the  negotiations  on  that  subject  altogether,  with  a  declaration  that,  in 
that  event,  the  United  States  would  assume  the  line  of  the  Rio  Bravo  del 
Norte  as  the  boundary  ;  as  the  reasons  which  had  induced  them  to  cciW  to 
Spain  their  rights  to  lhat  territory,  did  not  apply  to  this  country.  Thev 
were  assured  that  we  regarded  the  treaty  of  limits  as  binding  upon  both 
parties,  because  it  had  been  concluded  when  Mexico  formed  a  part  of  the 
dominions  of  Spain,  but  that  no  objection  would  he  made  on  our  part  to 
annul  it.  The  Congress,  more  wise,  compelled  the  Executive  subsequently 
to  confirm  that  treaty. 


Mr.  Poinsett  to  Mr.  Van  Buren. — Extract. 

Legation  of  the  United  States, 

Mexico,  July  22,  1829. 
They  at  first  proposed  that  both  parties  should  send  commissioners  to 
examine  the  country  situated  at  and  near  the  boundary  fixed  by  the  treaty 


30  \  Doc.  No.  42.  ] 

of  Washington  from  sea  to  sea,  for  they  had  heard  of  a  neutral  territory 
which,  by  the  superior  acuteness  of  Mr.  Adams,  had  been  wrested  from 
Spain,  and  other  absurd  stories,  which  an  actual  examination  would  eluci- 
date. . 

Next,  they  proposed  to  me  to  fix  provisionally  the  boundary  line  in  the 
treaty  of  commerce,  then  in  progress  of  negotiation,  where  it  was  supposed  to 
have  existed  prior  to  the  treaty  of  Washington.  They  desisted  from  this 
proposal  only  upon  my  insisting,  in  such  a  case,  of  inserting  the  claim  of 
ates  to  the  territory  north  of  the  Rio  Bravo  del  Norte.  For 
further  particulars  on  this  subject,  I  refer  you  to  my  despatch  dated  the 
20th  of  September,  1S25,  and  marked  No.  19. 


Mr.  Butler  to  Mr.  Van  Buren. — Extract. 

Mexico,  Muy  19,  1830. 
Upon  the  subject  of  our  treaties,  I  can  barely  say,  that  commissioners 
have  at  last  been  determined  upon  and  announced  to  me  on  the  part  of 
this  Government.  They  are  the  Secretary  of  State,  Mr.  Alaman,  raid 
Mr.  Mangino,  Secretary  of  the  Treasury.  There  is  little  doubt  but  that 
the  negotiations  would  have  commenced  some  weeks  since,  for  every  thing 
was  in  good  train  for  the  purpose,  and  Mr.  Alaman  had  suggested  to  me 
a  belief  that  the  acting  President  would  appoint  him  to  meet  me.  This 
was  conclusive  as  to  his  nomination,  and  he  was  the  gentleman  of  all 
others  I  should  have  selected. 


The  Mexican  plenipotentiaries  to  Mr.  Butler. 

Palacio  del  Gobierno  Fedekal, 

Mexico,  21  de  J\Iayo  de  1830. 
Los  infrascritos,  Secretarios  de  Estado  y  del  Despacho  dc  Relaciones 
Interiores  y  Esteriores,  y  de  Hacienda,  tienen  el  honor  de  dirigirse  a  VS. 
v  de  comunicarle  hall  arse  plenamente  autorizados  pore!  Exmo.  Sor.  Vice 
Presidente  en  ejercicio  del  podcr  ejecutivo,  para  abrir  negociacioncs 
s<)!iie  los  tratados  pendieutes  entre  los  Estados  Unidos  Mejicanos  y  el 
Gobierno  de  VS. 

En  tal  coiiccpto,  los  infrascritos  sup'ican  a  VS.  se  sirva  senalarles  el 
dia  en  que  puedan  tencr  sa  primera  concurrencia  con  el  ohjeto  indicado,  y 
aprovechau  esta  oportunidad  para  protestar  a  VS.  las  seguridades  dc  la 
unsideracion  con  que  son 

Dc  VS.  muy  obedientes  servidores, 

LUCAS  ALAMAN, 
RAFAEL  MANJINO. 
AI  Sor.  Don  Antonio  Butler, 

Encurgado  de  Negocios,  fya. 


[  Doc.  No.  42.  ]  31 

The  Mexican  plenipotentiaries  to  Mr.  Butler. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico ,  May  21,  1830. 
Tiie  undersigned.  Secretaries  of  State,  of  Domestic  and  Foreign  Affairs, 
and  of  the  Treasury,  have  the  honor  of  addressing  your  excellency,  and  to 
communicate  that  they  are  fully  authorized  hy  the  most  excellent  the  Vice 
President,  exercising  the  executive  power,  to  commence  negotiating  on  the 
subject  of  the  treaties  pending  between  the  United  Mexican  States  and 
your  Government. 

Therefore,  the  undersigned  request  your  excellency  will  plea.se  to  ap- 
point a  day  for  the  first  meeting  on  the  aforesaid  subject ;  availing  them- 
selves of  this  opportunity  for  offering  to  you  the  assurance  of  their  distin- 
guished consideration,  6cc. 

LUCAS  ALAMAN. 
RAFAEL  MANJ1NO. 
To  Senor  Don  Anthony  Butler, 

Charge  d'affaires. 


Mr.  Butler  to  Mr.  Monasferio. 

Legation  of  the  United  States  of  America, 

July  25,  1832. 

The  undersigned,  charge  d'affaires  of  the  United  States,  has  the  honor 
of  transmitting  herewith  a  copy  of  the  treaty  of  limits  negotiated  hy  the 
plenipotentiaries  United  States  of  America  and  the  United  Mexican 
States,  together  with  the  proclamation  of  the  President  of  the  United  States 
declaring  the  exchange  of  the  ratification  thereof.  The  treaty  having  now 
become  the  supreme  law  of  the  land,  the  President  of  the  United  States  of 
America  is  prepared  to  execute  all  the  provisions  thereof,  and  for  this  pur- 
pose will,  with  all  convenient  despatch,  appoint  commissioners  on  our  part 
to  ascertain  and  mark  the  line  of  boundary  between  the  two  nations  in 
conformity  with  the  stipulations  contained  in  the  treaty  referred  to.  In 
making  this  communication  it  becomes  my  duty  to  say  that  apprehensions 
are  entertained  on  the  part,  of  my  Government  that  the  line,  as  designated 
in  the  treaty  recently  ratified,  will  produce  inconveniences  and  perhaps 
create  difficulties  that  it  will  be  the  interest  no  less  than  the  desire  of  the 
Government  of  the  United  States  to  obviate;  and  the  President  feels  the 
fullest  confidence  that  his  excellency  the  Vice  President  of  the  United 
Mexican  States  will  act  under  the  influence  of  a  similar  spirit.  For  this 
purpose  1  have  received  instructions  from  the  President  of  the  United 
States  of  America  to  propose  the  establishment  of  a  new  boundary  be- 
tween the  two  nations,  more  conformable  to  the  mutual  interest  of  each 
and  better  adapted,  not  only  to  preserve  the  integrity  of  national  domain 
but  to  promote  other  objects  alike  interesting  to  both  parties. 

I  have  to  request  that  you  will  place  this  communication  before  his  ex- 
cellency the  Vice  President,  to  the  end  that  he  may  enter  into  a  considera- 
tion at  once  of  the  subject  presented  in  this  note  ;  and  should  he  concur  in 
opinion  with  the  President  of  the  United  States  of  America  as  to  the  pro- 


32  [  Doc.  No.  42.  ] 

priety  of  investigating  anew  the  question  of  adopting  a  different  boundary 
between  the  two  nations,  that  in  such  event  a  plenipotentiary  on  the  part 
of  Mexico  may  be  appointed,  with  whom  I  am  prepared  to  compare  and 
exchange  powers  preliminary  to  an  entrance  upon  the  discussion  of  the 
subject  <>f  boundary  above  referred  to. 

The  undersigned  embraces  this  opportunity  to  renew  to  Mr.  Monasterio 
the  assurances  of*  bis  distinguished  consideration. 

ANTHONY  BUTLER. 

To  JosfEPii  M.  0.  Monasterio. 


Mr.  Gonzalez  to  Mr.  Butler. 

Pah cio  del  Gobierno  Federal, 

Mexico,  14  de  Febrero  de  1833. 

EI  infrascrito,  SccretariodeEstadoy  del  Despachode  Uelaciones.  tiei.e 
el  honor  de  informar  a  VS.  que  ha  elevado  al  conocimiento  del  E.  S. 
Presidente  la  nota  que  VS.  dirigio  a  esta  Secretaiia  en  26  de  Julio  del 
aho  anterior,  participando  haber  sido  publicado  por  el  Gobierno  de  los 
Estados  Unidos  el  tratado  de  limites  acordado  entre  las  dos  republics,  y 
que  conforme  a  su  tenor  se  nombraran  los  eomisionados  que  en  tiempo 
oportuno  procediesen  de  acuerdo  con  los  dc  Mexico  a,  fijar  la  linea  de  de- 
marcacion  entre  ambos  paises. 

Las  circuustancias  de  que  acaba  de  salir  csta  republica  habian  impedido 
contestar  la  nota  indicada  y  proceden  a.  la  publicacion  del  nrismo  tratado, 
pero  esto  ultimo  se  verificara  dentro  de  breves  dias  ;  entretanto  ha  reei- 
bido  oi'den  el  infrascrito  de  asegurar  a  VS.  que  el  Gobierno  de  Mexico 
se  apresuraia  a  nombrar  los  eomisionados  que  de  acuerdo  con  los  desig- 
nados  por  el  Gobierno  de  VS.,  proccdan  a  lijai*  los  limites  scnalados  en 
el  tratado,  de  cuyo  nombramiento  se  instruira  a  VS.  con  oportunidad  y 
que  considerandose  ya  dicho  tratado  por  estos  Estados,  como  lo  ha  sido 
por  el  Gobierno  de  VS.  como  una  ley  suprcma,  no  se  ocupai  a  de  sus 
estipulaciones,  sino  para  hacer  que  tengan  el  mas  religioso  cumplitniento. 

Al  decirlo  a  VS.  el  infrascrito,  eti  respuesta  a  la  nota  expresada,  tiene 
el  honor  de  reproducirle  las  seguridades  de  su  muy  distinguida  considera- 
cion. 

BERNARDO  GONZALEZ. 

Al  SGr  Don  Antonio  Butler, 

Encargudo  dc  JVegociost  §a. 


Mr.  Gonzalez  to  Mr.  Butler. 
[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  February  14,  1833. 
The  undenugned,  Secretary  of  State  and  of  Relations,  has  the  honor  to 
inform  you  that  he  has  submitted  to  his  excellency  the  President  the  note 
addressed  by  you  to  this  department  on  the  £6th  of  July  last,  containing 


[  Doc.  No.  42.  ]  33 

information  that  the  treaty  of  limits  agreed  upon  between  the  two  repub- 
lics had  been  published  by  the  Government  of  the  United  States,  and  that, 
con  form  ably  with  its  terms,  commissioners  would  be  appointed,  who 
would,  at  the  proper  period,  proceed  jointly  with  those  on  the  part  of 

Mexico,  to  fix  the  line  of  demarcation  between  the  two  countries. 

The  circumstances  from  the  influence  of  which  this  republic  is  now 
emerging,  have  prevented  a  reply  from  being  hitherto  made,  to  this  note, 
and  have  likewise  hindered  the  publication  of  the  treaty,  which  will,  how- 
ever, he  done  within  a  few  days.  In  the.  mean  time,  the  undersigned  has 
been  ordered  to  assure  you  that  the  (Government  of  Mexico  will,  without 
delay,  appoint  commissioners,  who  will  proceed,  jointly  with  those  on  the 
part  of  the  United  States,  to  fix  the  limits  defined  in  the  treaty,  and  of 
whose  appointment  you  will  be  notified  in  due  time.  The  Mexican  Gov- 
ernment, considering  the  treaty  as  it  has  been  considered  by  that  of  the 
United  States,  namely,  as  a  supreme  law,  will  do  all  in  its  power  to  carry 
its  stipulations  most  rigorously  into  execution. 

The  undersigned,  in  thus  replying  to  your  note,  has  the  honor  to  renew 
the  assurances  of  his  most  distinguished  consideration. 

BERNARDO  GONZALEZ. 

To  Anthony  Butler,  Esq., 

Charge  d'affaires  of  the  United  Staies  of  America. 


Mr.  Butler  to  Mr.  Gonzalez. 

Legation  of  the  United  States  of  America, 

Mexico,  February  16,  18S5. 
The  undersigned,  charge  d'affaires  of  the  United  States  of  America,  has 
the  honor  of  acknowledging  the  receipt  this  day  of  the  note  of  your  excel- 
lency, dated  on  the  14' h  current,  in  reply  to  a  communication  addressed 
by  the  undersigned  to  the  Department  of  Foreign  Affairs  on  the  26th  of 
July,  1832.  In  the  communication  referred  to  by  your  excellency  it  was 
the  purpose  of  the  undersigned  to  bring  under  the  notice  of  the  Mexican 
Government  the  great  delay  which  had  occurred  in  making  known  to  the 
States  and  people  of  the  Mexican  confederation  that  a  treaty  of  amity, 
commerce,  and  navigation,  and  one  of  boundary,  had  been  negotiated  and 
ratified  between  Mexico  and  the  United  States  of  America,  and  had 
become  the  supreme  lawr  of  the  land  to  both  nations.  This  prompting 
seemed  the  more  proper,  inasmuch  as  the  citizens  of  the  United  States  of 
America  resident  in  the  United  Mexican  States  had  suffered  and  were  suf- 
fering exactions,  and  were  deprived  of  the  enjoyment  of  privileges,  in  some 
of  the  interior  States  of  this  confederation,  against  the  first  of  which  they 
were  protected,  and  in  the  full  advantage  of  the  latter  they  were  assured, 
under  the  guarantee  of  stipulations  contained  in  tlie  treaty  of  amity,  com- 
merce, and  navigation  between  the  two  nations  ;  yet,  when  appeal  was 
made  to  this  treaty,  on  the  part  of  those  who  were  either  restrained  in  their 
privileges  or  suffered  aggression  on  their  rights,  the  uniform  answer  re- 
turned was,  "  We  can  recognise  no  treaty,  never  having  been  officially  in- 
formed thereof  by  the  Supreme  Government  of  Mexico,  and  cannot  there- 
fore respect  any  claim  which  you  prefer  under  its  authority."  Hence  we 
3 


34  |    Doc.  No.  42.    | 

see  the  propriety  of  giving  the  earliest  publicity  to  that  instrument  in  such 
mode  as,  according  to  the  practice  of  this  Government,  shall  confer  upon 
the  treaty  of  amity  and  commerce  the  validity  of  a  public  law ;  and  the 
undersigned  has  been  prompted  to  make  this  suggestion,  inasmuch  as  no 
reference  has  been  made  to  that  treaty  in  the  note  of  your  excellency  dated 
un  the  i -4 ll»  cm-rent,  and  just  received  at  this  legation, 

[1  will  note-cape  the  observation  of  your  excellency  that  notwithstand- 
ing treaties  of  amity,  commerce,  and  navigation,  and  of  limits,  were  con- 
cluded between  this  Government  and  that  of  the  undersigned  more  than 
two  years  past,  and  the  ratifications  of  which  were  exchanged  and  publica- 
tion thereof  made  in  the  United  States  of  America,  investing  them  with  all 
the  sanctions  of  a  supreme  law  nearly  one  year  since,  still  these  national 
contracts  of  equal  and  mutual  obligation  upon  each  Power  remain  in  that  of 
Mexico  a  dead  letter,  under  the  pretext  that  official  promulgation  has  never 
been  made. 

And  if  the  undersigned  has  not  hitherto  remonstrated  with  more  fre- 
quency and  energy  against  this  delay,  and  the  consequences  which  it  was 
daily  "unfolding,  the  reason  and  his  motives  will  find  their  explanation  in 
the  peculiar  condition  in  which  Mexico  was  placed  for  the  last  twelve 
months. 

A  longer  delay,  however,  in  giving  publicity  to  the  treaty  of  amity  and 
commerce  must  inevitably  lead  to  greater  and  more  frequent  violation  of 
its  provisions,  and  the  instances  ot  which  may  at  length  accumulate  in  such 
number  and  magnitude  as  shall  require  not  only  prompt  and  ample  redress 
but  may  have  a  tendency  to  disturb  the  harmony  which  at  present  so  hap- 
pily subsists  between  Mexico  and  the  United  States  ;  and  it  is  to  obviate 
such  a  state  of  things  that  the  undersigned  would  pray  you,  sir,  to  lay  this 
matter  immediately  before  his  excellency  the  President  of  the  United  Mex- 
ican States,  that  such  order  may  he  taken  thereupon  as  his  excellency  may 
deem  expedient  on  the  occasion. 

The  undersigned  renews  to  your  excellency  the  assurances,  &c. 

A.  BUTLER. 

To  his  Excellency  Bernardo  Gonzalez, 

Secretary  of  State  for  Foreign  Jljf'airs  of  the  United  Mexican  States. 


Mr.  Gonzalez,  to  Mr.  Butler. 

Palacio  del  Gobierno  Federal, 

Mexico,  21  de  Febrero  de  18S5. 

El  ii.frascrito,  Secrctario  de  Estado  y  del  Despacho  de  Relaciones,  acusa 
el  recilio  de  la  notaque  VS.  se  sirve  dirigirle  fecha  16  del  actual,  esfor- 
zando  la  necesidad  de  que  cuanto  ante  se  proceda  a  la  publicacion  de  los 
tratados  concluidos  entre  estos  Estados  Unidos  y  los  de  America,  y  ticne  el 
honor  de  reproducir  a  VS.  loque  le  manifesto  en  su  nota  del  14,  sobre  el 
empefio  (pie  toma  el  Gobierno  Mexicano,  en  que  se  verifique  dicha  publica- 
cion dentro  de  pocos  dias,  que.  solo  se  ha  pospuesto  por  las  circunstancias 
en  que  se,  encontro  la  nacion  la  mayor  parte  del  ario  anterior,  y  que  han 
terminado  felizmente. 


[  Doc.  No.  42.  ]  35 

El  infrascrito  aprovecha  esta  ocasion  para  repetir  a  VS.  las  ppotestas 
de  su  consideration  y  muy  distinguido  aprecio. 

BERNARDO  GONZALEZ. 
AI  Sot*  Don  Antonio  Butler, 

Encargado  de  Ncgncios,  Sfa. 


Mr.  Gonzalez  to  Mr.  Butler. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  February  21,  1833. 

The  undersigned,  Secretary  of  State  and  of  Relations,  acknowledges  the 
receipt  of  the  note  which  you  were  pleased  to  address  to  him  on  the  16th 
instant,  urging  the  necessity  of  proceeding  without  delay  to  the  publication 
of  the  treaties  concluded  between  these  United  States  and  those  of  Ameri- 
ca; and  he  has  now  the  honor  to  repeat  to  you  what  he  said  in  his  note 
oi*  the.  14th — the  engagement  on  the  part  of  the  Mexican  Government 
to  carry  into  effect  within  a  few  days  the  said  publication,  which  has  only 
been  postponed  on  account  of  the  peculiar  circumstances  in  which  the  na- 
tion has  been  placed  during  the  greater  portion  of  the  past  year,  and  which 
have  terminated  so  fortunately. 

The  undersigned  avails  himself  of  this  occasion  to  renew  to  you,  sir,  the 
protestations  of  his  consideration  and  esteem. 

BERNARDO  GONZALEZ. 

To  Anthony  Butler,  Esq. 

Charge  d'affaires  of  the  United  States  of  America,  $c. 


Mr.  Gonzalez  to  Mr.  Butler. 

Palacio  del  Gobierno  Federal, 

Mexico,  Febrero  27  de  1833. 
El  infrascrito,  Secretario  de  Estado  y  del  Despacho  de  Relaciones,  tiene 
el  honor  de  acompanar  a  VS.  exemplares  del  tratado  de  amistad,  comcrcio, 
y  navigacion,  y  del  tratado  de  limites,  celebrado  entreestos  Estadosy  los  de 
America,  reproduciendole  loque  en  notas  separadas  le  he  manifestado  sobre 
las  causas  que  impidieron  la  pronta  publicacion  de  estos  documentos. 

El  infrascrito  aprovecha  esta  ocasion  para  renovar  a  VS.  las  seguridades 
de  su  muy  distinguida  consideration. 

BERNARDO  GONZALEZ. 
Al  Sor  Don  Antonio  Butler, 

Encargado  de  Negocios,  fya. 


Mr.  Gonzalez  to  Mr.  Butler. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  February  27.  1833. 
The  undersigned,  Secretary  of  State  and  of  Relations,  has  the  honor  to 
send  to  you,  herewith,  copies  of  the  treaty  of  amity,   commerce,  and  navi- 


36  [   Doc.  No.  42. 

(ration,  anjl  of  the  treaty  of  limits,  between  those  United  States  and  those 
of  America  :  repeating,  at  the  same  time,  what  lie  has  already  said  in  sev- 
eral different  notes,  with  regard  to  the  circumstances  which  have  delayed 
the  prompt  publication  of  these  documents. 

The  undersigned,  on  this  occasion,  renews  to  yon,  sir,  the  assurances  of 
his  most  distinguished  consideration. 

BERNARDO  GONZALEZ. 
To  A.v'i  ii"NV  Butijsr,  Esq., 

Charge  d'affaires  of  the  United  States  of  America. 


Mr.  Butler  to  .Mr.  Garcia. 

Legation  of  the  United  States  of  America, 

Mexico,  September  6,  1833. 

The  undersigned,  charge  d'affaires  of  the  United  States  of  America, 
had  the  honor  of  communicating  to  the  Supreme  Government  of  Mexico, 
in  a  note  addressed  hy  the  undersigned  to  tiic  Secretary  of  State  for  For- 
eign Affairs,  more  than  one  year  past-,  information  of  the  fact  that  bis 
Government  had  appointed  a  commissioner  on  their  part  to  establish  and 
mark  tlie  line  of  limits  and  boundary  between  the  two  nations  of  Mexico 
and  the  United  States  of  America,  in  conformity  with  the  treaty  on  that 
subject  :  and  the  undersigned  was  instructed  at  the  same  time  to  propose 
a  review  of  the  question  of  limits,  for  the  purpose  of  defining  more  ex- 
acilv  and  clearly  the  landmarks  of  such  line  than  had  been  done  by  the 
treaty  of  1819,  between  Spain  and  the  United  States.  This  proposition 
was  received  and  entertained  by  the  administration  then  in  power,  and 
action  upon  it  merely  suspended  in  consequence  of  the  unsettled  condition 
of  Mexico  at  the  period  referred  to.  The  undersigned  lias  more  than  once, 
during  the  present  year,  renewed  the  application  for  reconsidering  and 
newly  arranging,  in  a  clear  manner,  and  on  a  permanent  basis,  this  ques- 
tion, still  unsettled  between  the  two  nations — a  question  always  highly 
delicate,  and  deeply  interesting  to  the  parties  concerned — but  without 
h&ving  the  good  fortune  to  elicit  a  reply  from  the  Supreme  Government, 
although  the  ordinary  courtesy  observed  between  nations  in  their  inter- 
course with  each  other  might  have  fairly  authorized  the  expectation  of  such 
reply.  Not  without  hope  however  that  the  difficulties  which  are  known 
to  surround  this  question  may  yet  be  adjusted  in  an  amicable  and  satisfac- 
tory manner  to  both  the  parties  interested,  the  undersigned  will  once  more 
invoke  the  attention  of  your  excellency  to  the  subject,  requesting  that  it 
may  be  placed  distinctly  under  the  consideration  of  the  Vice  President, 
for  his  decision  thereupon  ;  and  the  undersigned  is  the  more  anxious  for  a 
decision  on  the  subject  at  this  time,  inasmuch  as  a  period  so  auspicious  for 
ttlement  of  this  question  will  perhaps  never  again  occur.  The  un- 
dersigned cannot  doubt  that  the  proposition  herein  renewed  will  attract 
the  regard  of  the  Supreme  Government  of  Mexico  equally  with  that  of  his 
own,  and  that  the  result  will  be  an  immediate,  permanent,  and  amicable 
arrangement,  in  which  the  interests  of  both  parties  will  be  consulted  and 
promoted. 

The  undersigned  has  the  honor,  &.c. 

ANTHONY  BUTLER. 

To  his  Excellency  Carlos  Garcia,  &c. 


[  Doc.  No.  42.  ]  37 

Mr.  Garcia  to  Mr.  Butler. 

Palacio  del  Gohierno  Federal, 

Mexico,  25  de  Sctiembre  de  1833. 
El  infrascrito,  Sccretario  <le  Estado  y  del  Despacho  de  Relaciones,  ticnc 
el  honor  do  informal'  al  Sp.  Don  Antonio  Butler  (|ue  S.  E.  el  Vice  Prcsi- 
dente,  para  dar  cumpliiniento  ararticulo  3  del  tratado  de  Iiinites  celebrado 
entre  estos  Estados  y  los  de  America,  ha  nomhrado  en  clase  de  comisario 
al  Teniente  Coronel  Don  Tomas  Ramon  del  Moral,  yen  la  de  geometra  a 
Don  Castillo  Navarro. 

Y  el  infrascrito  aprovecha  esta  oportunidad  para  renovar  al  Sr.  Butler 
las  seguridades  de  su  muy  distinguida  consideracion. 

CARLOS  GARCIA 
Al  SOr  Don  Antonio  Butler, 
Encargado  dc  Negetias,  <§•</. 


Mr.  Garcia  to  Mr.  Butler. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  September  25,  1833. 
The  undersigned.  Secretary  of  State  and  of  Relations,  has  the  honor  to 
inform  Mr.  Anthony  Butler  that  his  excellency  the  Vice  President,  with 
the  view  of  carrying  into  execution  the  third  article  of  the  treaty  of  limits 
between  these  States  and  those  of  America,  has  appointed  Lieutenant  Col- 
onel Don  Tomas  Ramon  del  Moral  as  commissioner,  and  Don  Castillo 
Navarro  as  surveyor. 

The  undersigned  embraces  this  opportunity  to  repeat  to  Mr.  Butler  the 
assurances  of  his  very  distinguished  consideration. 

CARLOS  GARCIA. 
To  Anthony  Butler,  Esq. 

Charge  d'affaires  of  the  United  Stales  oj  America. 


Mr.  Butler  to  Mr.  McLanc. — Extract. 

Legation  of  the  United  States  of  America, 

Mexico,  July  1,  1834. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  despatches  to  No. 
6G  inclusive,  with  the  exception  of  No.  47.  Nos.  57  and  58  have  recently 
been  received,  after  making  the  circuit,  perhaps,  of  the  whole  Mexican  ecu- 
federation.  It  seems  that  they  were  intrusted  to  the  care  of  a  gentleman 
on  his  way  to  Mexico,  who,  travelling  for  amusement,  pursued  a  different 
route  from  that  at  first  intended,  and  after  keeping  the  despatches  in  his 
possession  for  weeks,  placed  them  at  length  in  the  ordinary  conveyance,  by 
which  they  are  received. 


38  [   Doc.  No.  42.  ] 

I  perceive  that  by  No.  58  I  am  directed  to  conclude  "anew  convention" 
the  Mexican  Government  on  the  subject  of  boundary,  and  which  "new 
convention"  "must  be  ratified  by  the  Mexican  Government  previously  to 
submitting  it  for  the  ratification  of  the  United  Suites,"'  &c.  ;  and  I  am  also 
informed  that  it  is  the  wish  of  tli-  i  resident  that  I  should  myself  be  the 
hearer  of  the  new  convention  to  the  United  States.  I  presume  that  there 
will  he  no  difficulty  in  concluding  a  new  convention  on  the  subject  indi- 
cated :  hut,  as  the  authority  to  ratify  resides  in  the  General"  Congress,  which 
ass<  inhles  mi  the  1st  clay  of  January  next,  and  who  may  keep  the  question 
before  them  for  a  month  or  more,  1  beg  leave  to  suggest  whether  it  would 
not  be  best  to  permit  my  return  to  the  United  States  immediately,  either  on 
leave  of  absence  for  a  short  period,  or  as  a  retirement  from  the  mission 
altogether.  I  am  fully  persuaded  that  the  public  service  may  derive  bene- 
fit from  an  interview  either  with  yourself  or  the  President,  at  which 
certain  communications  may  be  made,  and  opinions  freely  exchanged 
and  compared,  which  it  is  impracticable  to  do  by  any  other  mode  ;  and, 
after  this  interview,  it  may  he  better  determined  whether  the  public  inter- 
est will  be  more  advanced  by  my  return  to  Mexico,  or  by  the  appointment 
of  a  successor  to  the  mission  ;  and  1  earnestly  request  that  this  matter  may 
be  submitted  to  the  consideration  of  the  President  without  delay,  so  that 
his  determination  be  made  known  to  mc  as  early  as  practicable. 

Hon.  Lewis  McLane. 


Mr.  Butler  to  Mr.  Lombardo. 

Legation  of  the  United  States  of  America, 

Mexico,  December  21,  1834. 

The  undersigned,  charge  d'affaires  of  the  United  States  of  America, 
has  the  honor  of  informing  his  excellency  the  Secretary  of  State,  that  by 
a  communication  received  recently  from  the  Government  of  the  undersigned, 
lie  is  instructed  to  propose  to  that  of  Mexico  a  renewal  of  the  treaty  of 
boundary  between  the  two  nations. 

Your  excellency  is  fully  aware  of  the  importance  of  the  subject,  and  the 
interest  which  Mexico  no  less  than  the  Government  of  the  undersigned 
should  feel  in  its  adjustment;  and  he  may  be  permitted  to  express  the  hope 
and  the  expectation  that  the  question  will  now  be  disposed  of  without  any 
unnecessary  delay.  Two  treaties  have  already  been  negotiated  between 
tiie  two  nations  upon  this  subject,  neither  of  which  have  been  executed, 
notwithstanding  the  Government  of  the  undersigned  have  done  every  thing 
on  li  which  was  within  their  competency  for  the  accomplishment 

of  tin  whilst  Mexico,  by  omitting  to  perform  the  necessary  acts  on 

ioned  the  treaty  to  expire.  The  undersigned  will  not  permit 
himself  to  imagine  motives  for  such  an  extraordinary  indifference  as  Mex- 
ico has  manifested  upon  this  subject,  but  confines  himself  to  stating,  as  he  is 
instructed  to  do,  that  longer  delay  in  adjusting  the  true  boundary  between 
Mexico  and  the  United  States  of  America  cannot  be  permitted. 

The  undersigned  forbears  to  org'-  the  many  cogent  reasons  for  conclu- 
ding this  subject  definitely,  because  they  are  too  obvious  to  require  being 
will  merely  remark  that  Mexico  being  in  the  occupancy  of  a 
large  portion  of  territory  which  the  Government  of  the  undersigned  con- 


Doc.  No.  42.   "]  39 

ceives  respectfully  to  belong  to  the  people  of  the  IJrii tetl  State-,  an  I 
part  of  which,  itis  understood,  has  already  been  granted  under  the  authority 
of  Mexico  to  vat-ions  individuals,  it  becomes  the  more  imperiously  urgent 
that  this  question  should  promptly  be  disposed  of.  The  undersigned  re- 
quests, therefore,  that  this  subject  be  immediately  brought  before  his  excel- 
lency the  President  of  the  Mexican  United  States,  with  the  view  of  con- 
cluding the  treaty  in  time  to  be  acted  on  by  the  Senate  of  the  United  States 
of  America,  which  will  adjourn  on  the  4th  day  of  March  ensuing. 

The  undersigned    has  the  honor  to  renew  to  his  excellency  Mr.  Lom- 
bardo,  the  assurances  of  his  great  consideration. 

ANTHONY  BUTLER. 
To  his  Excellency  Francisco  M.  Lomuardo, 
Secretary  of  State  for  Foreign  Affairs  of  the 
Mexican  United  States. 


Mr.  Gutierrez  de  Estrada  to  Mr.  Butler. 

Palacio  del  Goiuerno  Federal, 

Mexico,  Febrero  7  de  1835. 

El  infrascrito,  Secretario  de  Estado  y  del  Despacho  de  Relaciones  Inte- 
riores  y  Exteriores,  tiene  el  honor  de  manifestar  al  St.  Don  Antonio  Butler, 
que  se  ha  enterado  de  loque  so  sirve  decir  a  este  ininisterio  en  su  nota  ofj- 
cial  de  27  de  Enero  proximo  pasado,  sobre  el  arreglo  de  limites  de  estos 
Estados  y  los  Estados  Unidos  de  America. 

El  infrascrito  debe  manifestar  al  Sr.  Butler,  que  hahiendose  mandado 
poder  e  instrucciones  con  este  mismo  objeto  al  encargado  de  negocios  de 
csta  republica  en  Washington,  y  habiendo  este  avisado  su  reciho  con  feci) a 
16  de  Uicicmbre  ultimo,  y  que  ya  habia  entablado  la  tnisma  negociacion 
con  S.  E.  Mr.  Forsyth,  ministro  de  negocios  extrangeros,  es  necesario 
aguardar  el  resultado  que  tenga,  por  que  de  otro  modo  a  mas  de  la  cumpli- 
cacion  del  asunto  podria  incurrirse  en  contradicciones,  que  es  conveniente 
evitar. 

A  no  ser  por  este  justo  motivo,  el  infrascrito,  Secretario  de  Estado  y  del 
Despacho  de  Relaciones,  tendria  una  verdadera  complacencia  en  tratar  del 
arreglo  dc  limites  con  el  Sr.  Don  Antonio  Butler;  porquc  conocieudo  la 
moderacion  y  la  honradez  y  cxactitud  du  sus  ])rincipios,  se  terminaria  tal- 
vez  este  ncgocio  de  una  manera  mas  facil,  al  mismo  tiempo  que  conforme 
a  la  justicia  y  al  in  teres  de  las  dos  nacjones. 

Con  este  motivo,  el  infrascrito  desfruta  Iahonrade  protestar  al  Sr.  But- 
ler su  constantc  aprecio  y  distinguida  consideracion. 

J.  M.  GUTIERREZ  DE  ESTRADA. 

Al  Sr.  Don  Antonio  Butler, 

Encargado  'de  Negocios,  §a. 


40  f  Doc.  No.  42.  ] 

Mr.  Gutierrez  de  Estrada  to  Mr.  Butler. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  February  7,  1835, 

The  undersigned,  Secretary  or  State  and  of  Internal  and  Foreign  Ilela- 
Iionor  to  inform  Mr,  Anthony  Butler  that  he  has  informed 
himself  of  the  contents  of  the  note  which  Mr.  Butler  addressed  to  this  De- 
partment on  the  27th  of  January  respecting  the  settlement  of  the  limits 
between  these  Stales  and  the  United  States  of  America. 

The  undersigned  must  inform  Mr.  Butler,  in  reply,  that  as  powers  and 
instructions  with  the  same  object  have  been  forwarded  to  the  charge  d'af- 
faires of  this  republic  in  Washington,  and  notice  has  been  received  under 
date  of  December  16th,  of  their  having  reached  him,  and  of  the  commence- 
ment of  the  negotiation  with  Mr.  Forsyth,  the  Minister  of  Foreign  Affairs, 
it  is  proper  to  await  the  result,  or  otherwise  inconvenient  contradictions 
might  arise  from  the  confusion  which  would  be  likely  to  ensue. 

But  for  this  just  reason,  the  undersigned  Secretary  of  State  and  of  Re- 
lations would  have  had  the  utmost  pleasure  in  treating  with  Mr.  Anthony 
Butler  with  regard  to  the  settlement  of  limits  ;  as,  being  well  aware  of  that 
gentleman's  moderation,  his  sense  of  honor,  and  the  correctness  of  his 
principles,  he  is  convinced  that  this  affair  might  be  terminated  most  easily 
in  a  manner  conformable  with  justice  and  with  the  interests  of  both  nations. 

The  undersigned  expresses  to  Mr.  Anthony  Butler. the  assurances  of  his 
constant  esteem  and  distinguished  consideration. 

J.  M.  GUTIERREZ  DE  ESTRADA. 

To  Anthony  Butler*  Esq., 

Charge  d1  Affaires  of  U.  S.  of  America. 


Mr.  Butler  to  the  President. — Extracts. 

Mexico,  February  2.6,  18S5. 

M'T  DBAB  Sir  :  From  my  letters  of  November  and  December  last,  you 
expected  me  in  Washington  city  before  this  :  and  so  I  should  have  been,  but 
for  a  most  untoward  event  which  I  shall  explain  to  you.  I  have  already  in- 
formed you  of  my  intention  to  remain  in  Mexico  until  the  meeting  of  Con- 
gress— first,  because  I  wished  to  see  how  the  reform  Congress  would 
open  ;  and,  secondly,  for  the  purpose  of  carrying  home  with  me  the  rati- 
fication of  the  boundary  treaty,  as  I  was  instructed  to  do;  when,  after  all 
the  delay,  I  was,  on  the  9th  day  of  the  present  month,  informed  that  the 
negotiation  on  that  subject  had  been  transferred  to  Washington  city. 

The  Department  of  Foreign  Affairs  for  Mexico  has  changed  hands  three 
times  since  May  last,  and  this  created  some  confusion  in  the  business  of  that 
incut.  You  are  aware  that  my  instructions  for  renewing  the  boundary 
treaty  arrived  here  in  the  beginning  of  June  of  the  past  year;  and 
instructions  enjoined  it  on  me  to  have  the  treaty  ratified  before  send- 
ing it  home.  A  short  time  previous  to  receipt  of  these  instructions,  Gen- 
eral Santa  Anna  had  dissolved  the  Congress,  so  that  it  was  impossible  to 


[  Doc.  No.  42.  ]  41 

obtain  the  ratification  until  a  new  election  could  take  place  and  the  mem- 
bers assemble.  Immediately  on  receiving  the  despatch,  I  addressed  a 
note  to  the  Department  of  State,  advising  the  Secretary  of  my  having  been 
invested  with  powers  to  conclude  a  treaty  with  Mexico  for  the  establish- 
ment of  the  boundary  between  the  two  nations  ;  and  upon  a  question  from 
the  Secretary  whether  it  would  be  necessary  to  enter  upon  the  subject  im- 
mediately, I  replied  in  the  negative,  informing  him  very  frankly  that  on 
account  of  the  delays  such  things  suffered  in  Mexico,  it  was  my  design 
not  to  send  home  the  treaty  until  it  had  been  first  ratified  here :  and  as 
there  was  no  Congress,  and  would  be  none  until  January,  the  subject 
might  remain  over  for  the  present  if  he  desired  it.  He  expressed  him- 
self much  pleased,  saying  that  he  expected  very  soon  to  lose  the  office  : 
that  he  was  very  much  engaged  in  closing  every  thing  in  which  he  had 
been  concerned,  as  far  as  practicable  ;  and  as  the  work  of  this  treaty  would 
not  be  more  than  an  hour,  myself  and  some  other  gentleman,  his  succes- 
sor, might  conclude  it  just  before  Congress  assembled.  As  this  was  ali 
true,  1  felt  disposed  to  let  the  question  lie  over,  to  gratify  the  Secretary. 
As  he  had  anticipated,  he  went  out  of  office  in  a  very  few  weeks  ;  and  I 
did  not.  revive  the  subject  with  his  successor  officially  until  the  beginning 
of  December,  when  I  directed  his  attention  to  my  official  note  of  June 
past  to  his  predecessor,  and  desired  to  know  when  it  would  be  agreeable 
to  the  Mexican  Government  to  commence  the  negotiation.  My  note  re- 
mained unanswered  until  January,  when  just  about  the  period  of  the  meet- 
ing of  Congress,  I  addressed  the  Secretary  a  second  note.  About  this 
time  it  was  rumored  that  another  change  would  shortly  be  made  in  the 

department. 

#  #  * 

In  January  the  change,  as  expected,  actually  took  place,  upon  which  I 
immediately  addressed  the  new  Secretary,  directing  his  attention  to  the 
delays  that  had  occurred,  and  requesting  him  to  appoint  an  early  day  for 
commencing  the  negotiation  ;  when,  to  my  great  surprise,  he  replied  to 
me  in  a  few  days,  stating  that  the  negotiation  had  been  intrusted  to  Mr. 
Castillo  ;  and  that  letters  had  been  received  from  him  saying  that  on  the 
10th  of  December  last  he  had  entered  upon  the  subject  with  Mr.  Forsyth  ; 
and  consequently  it  became  proper  to  wait  the  result  of  that  negoti- 
ation, lest  by  carrying  it  on  at  the  same  time  at  two  different  points, 
embarrassment  might  be  produced.  I  give  you  all  these  facts,  even  at  the 
hazard  of  being  deemed  tedious,  rather  than  permit  you  to  suppose  that 
any  neglect  of  mine  has  occasioned  the  transfer  to  Washington  city. 
And  now  I  shall  most  certainly  return  in  the  New  York  packet  for  April, 
and  be  able  perhaps  to  bring  with  me  the  exchange  of  ratifications  ;  if,  as  I 
suppose,  the  treaty  is  already  finished,  and  may  be  expected  here  from  day 
to  day. 


Mr.  Gutierrez  de  Estrada  to  Mr.  Butler. 

Palacio  del  Gobierao  Federal, 

Mexico,  a  29  de  Marzo  de  1835. 
El  infrascrito,  Secretario  de  Estado  y  del  Despacho  de  Relacioues,  tiene 
el  honor  de  participar  al  sefior  encargado  de  negocios  de  los  Estados 


42  [   Doc.   No.   42.   ] 

Unidos  de  America,  que  scgun  las  ultimas  comunicaciones  de  la  repub- 
lica  en  Washington,  no  se  habia  dado  principio  aun  a  la  negociacion  que 
se  le  encomendo,  con  el  objetode  prorogarel  termino  senalado  en  el  tratado 
de  limites  para  la  reunion  de  los  comisarios  dc  ambos  Gobiernos,  que  de- 
bian  Bjarlos,  en  los  terminos  que  est  aba  n  estipulados  en  el. 

En  c  »ta  virtud,  babiendose  debido  cerrar  los  sesiones  del  Congrcso  de 
los  iiiismos  Estados  Unidos,  a  principio  del  presente  mes,  y  hallandose  el 
honorable  Sr.  Butler  suficientemente  autorizado  para  esta  negociacion  se- 
gun  consta  de  sus  notas  de  21  de  Diciembre,  y  27  de  Enero  ultimas,  el 
infrascrito  tiene  la  satisfaccion  de  decirle  de  orden  de  S.  E.  el  Presidente 
interino,  que  por  su  parte  se  balla  despuesto  a  que  sea  aqui  donde  se  trate, 
sobrc  la  proroga  de  termino  antes  mencionada,  a  fin  de  que  el  tratado  a 
que  se  refiere  tenga  pronta  y  cumplida  execucion. 

EI  E.  S.  Presidente  interino  ha  acordado  autorizar  para  este  efecto  al 
Exmo.  Sr.  Don  Jose  Mariano  Blasco,  Secretario  del  Despacho  de  Hacien- 
da, y  al  infrascrito,  Secretario  de  Relaciones,  y  deseaque  cuanto  antes  tenga 
principio  una  negociacion  que  se  presenta  bien  sencilla,  supuesta  la  buena 
disposicion  de  ambos  Gobiernos,  y  la  comunicacion  que  el  mismo  honorable 
Sr.  Don  Antonio  Butler  dirigio  pocotiempo  ha  al  infrascrito,  con  el  objeto 
de  terminarla. 

Esto  se  puede  conseguir  ahora  facilmcnte,  y  aunque  el  Sr.  Butler  ha  in- 
dicado  la  proximidad  de  su  viage  a  los  Estados  Unidos,  cspera  el  infras- 
crito, (pie  para  que  puede  antes  enteramente  concluido  este  asuuto,  tendra 
la  bondad  dc  aunarse  al  Ministerio  de  Relaciones  manana,  30  de  este  mes, 
a  la  una  y  media  de  la  tarde. 

El  infrascrito  tiene,  con  este  motivo,  la  honra  de  presentar  al  sr.  encar- 
gado  de  negocios  de  los  Estados  Unidos  del  Norte,  sus  respetos  y  muy  dis 
iinguida  consideracion. 

J.  M.  GUTIERREZ  DE  ESTRADA. 

Al  Sr.  Don  Antonio  Butler, 

Encargado  de  Negocios,  fya. 


Mr.  Gutierrez  de  Estrada  to  Mr.  Butler. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  March  29,  1835. 

The  undersigned,  Secretary  of  State  and  of  Relations,  has  the  honor  to 
inform  the  charge  d'affaires  of  the  United  States  of  America,  that,  accord- 
ing to  the  communications  last  received  from  the  representative  of  the  re- 
public in  Washington,  no  steps  had  been  taken  in  the  negotiation  with 
which  be  was  charged,  for  the  purpose  of  prolonging  the  period  set  forth 
in  the  treaty  of  limits,  for  the  meeting  of  the  commissioners  of  the  two 
Governments,  whose  duty  it  would  be  to  fix  those  limits,  agreeably  to  the 
terms  stipulated  in  the  said  treaty. 

In  consequence  of  this,  as  the  Congress  of  the  United  States  was  to 
close  i!s  session  about  the  commencement  of  the  present  month,  and  as  the 
honorable  .Mr.  Butler  is  himeejf  sufficiently  authorized  to  conduct  this  ne- 
gotiation, as  appears  by  his  notes  of  December  21  and  January  27  last,  the 
undersigned  has  the  satisfaction  to  inform  him,  by  order  of  his  excellency 


[  Doc.  No.  42.  J  43 

the  acting  President,  that  he  is,  on  his  own  part,  ready  to  treat  hero,  with 
regard  to  the  prolongation  of  the  period  above  mentioned,  in  order  that  the 
said  treaty  may,  as  soon  as  possible,  he  carried  into  complete  fulfilment. 

His  excellency  the  acting  President  lias  thought  proper  to  authorize  to 
this  effect  his  excellency  Don  Jose  Mariano  Blasco,  Secretary  of  the 
Treasury,  together  with  the  undersigned  Secretary  of  Relations,  and  he 
dei  ires  that  a  commencement  may  he  immediately  made  of  a  negotiation 
which  appears  to  be  so  simple,  if  both  parties  are  well  disposed,  as  would 
seem  to  be  the  case  from  the  communication  on  this  subject  addressed,  a 
short  time  since,  to  the  undersigned,  by  Mr.  Anthony  Butler. 

This  may  now  be  easily  effected  ;  and  although  Mr.  Butler  has  given 
notice  of  his  intention  to  go  soon  to  the  United  States,  the  undersigned 
hopes  that,  in  order  to  have  this  business  entirely  concluded  before  his  de- 
parture, that  gentleman  will  have  the  kindness  to  call  at  the  Department 
of  Foreign  Relations  to-morrow,  the  30th  of  this  month,  at  half  past  one  in 
the  afternoon. 

The  undersigned  concludes  with  presenting  to  the  charge  d'affaires  of 
the  United  States  of  the  North,  the  assurances  of  his  most  distinguished 
consideration. 

J.  M.  GUTIERREZ  DE  ESTRADA. 

To  Anthony  Butler,  Esq., 

Charge  d?  Affaires  of  the  U.  S.  of  America. 


Mr.  Obregon  to  Mr.  Clay. 

Legacion  de  los  Estados  Unidos  de  Mexico, 

Washington,  19  de  Mar  so  de  1828. 

Honorable  SeRor  :  El  infrascrito,  enviado  extraordinario  de  la  repub- 
lica  Mexicana,  tiene  el  honor  de  poner  en  conocimiento  del  Senor  Secre- 
tario  de  Estado  que  el  Gobierno  de  Mexico  ha  nombrado  al  General  Don 
M.  Teran  con  el  objeto  de  practical'  las  operaciones  cientificas  y  recono- 
cimientos  necesarios  para  proceder  acelebrar  el  tratado  de  limites  entre  los 
Estados  Unidos  de  America  y  los  Estados  Unidos  de  Mexico ;  y  que  al 
efecto  pidio  del  Senor  Poinsett,  enviado  extraordinario  de  esta  republica  en 
Mexico,  los  correspondientes  pasaportes,  quien  los  expedio  desde  luego  acom- 
panando  al  mismo  tiempo  cartas.de  recomendacion  para  los  Gobernadores 
del  territorio  fronterizo  de  Arcanzas  y  del  Estado  de  la  Luisiana. 

El  infrascrito,  al  hacer  esta  comunicacion  al  Senor  Secretariode  Estado, 
desea  saber,  si  sera  necesario  el  pasaporte  del  Senor  Secretario  de  Estado 
para  que  el  General  Teran,  y  los  individuos,  de  que  es  adjunta  lista,  y  de 
mas  personas  que,  para  su  seguridad,  puedan  acompafiarle,  procedan  sin 
obstaculos  a  disempanar  los  trabajos  que  se  les  ha  encargado.  En  caso  de 
que  scan,  cl  infrascrito  espera  del  Senor  Secretario  de  Estado  la  remisa  de 
los  pasaportes,  y  le  manitieste  ademas,  Ioque  le  paresea  conducente  para 
que  en  esta  operacion  nada  se  turbc  la  buena  armomia  que  cxiste  entre 
amhos  Gobiernos. 

El  infrascrito  aprovecha  de  esta  ocasion  para  ofrecer  al  Senor  Secretario 
lie  Estado  los  scntimientos  de  su  mavor  consideracion  y  respeto. 

PABLO  OBREGON. 

H.  Senor  II.  Clay, 

Secretario  de  Estado  de  los  E.  U. 


44  [  Doc.  No.  42.  ] 

Listtt  dc  individuos  que  componen  la  comision  encargada  de  los  recono- 
cimientos,  previos  a  la  negotiation  sobre  limites  entre  los  Estados  Uni- 
dos  dc  America  y  los  de  Mexico. 

El  General  Don  M.  Teran, 

El  Teniente  Coronel  Don  C  Tarnaba, 

El  de  la  misina  clase  Don  S.  Batrcs, 

EI  Snbteniente  de  Artilleria  Don  T.  Ma.  Sanchez, 

Don  R.  Chovcl,  miner alogista, 

Don  Luis  JBerlandier,  medico  botanico. 

Es  copia.     Washington,  19  de  Marzo  de  1828. 

J.  M.  MONTOYA, 

Secretario  de  Legation- 


Mr.  Obregon  to  Mr.  Clay. 

[Translation.] 

Legation  of  the  United  States  of  Mexico, 

Washington,  March  19,  1828. 

Sin  :  The  undersigned,  envoy  extraordinary  of  the  Mexican  republic, 
has  the  honor  to  inform  the  Secretary  of  State  that  the  Government  of 
Mexico  has  appointed  General  Don  M.  Teran  to  perform  the  scientific  op- 
erations and  surveys  necessary  to  proceed  in  the  execution  of  the  treaty  of 
limits  between  the  United  States  of  America  and  the  United  States  of  Mexi- 
co ;  and  that,  with  that  view,  it  has  applied  to  Mr.  Poinsett,  minister  ex- 
traordinary of  this  republic  at  Mexico,  for  the  necessary  passports,  who 
immediately  granted  them,  accompanied  by  letters  of  recommendation  for 
the  Governors  of  the  conterminous  Territory  of  Arkansas  and  of  the  State 
of  Louisiana. 

The  undersigned,  in  communicating  this  information  to  the  Secretary  of 
State,  wishes  to  know  if  a  passport  from  the  Secretary  of  State  will  be 
necessary  to  enable  General  Teran  and  the  persons  attached  to  his  party, 
of  whom  a  list  is  enclosed,  as  also  such  other  individuals  as,  for  their 
safety,  may  accompany  them,  to  discharge,  without  obstacles,  the  duties 
assigned  them.  If  such  be  the  case,  the  undersigned  hopes  that  the  Secre- 
tary of  State  will  grant  those  passports,  and  communicate  whatever  he  may 
think  calculated  to  prevent  any  thing  occurring  in  this  transaction  to  dis- 
turb the  harmony  subsisting  between  the  two  Governments. 

The  undersigned  takes  this  opportunity  to  offer  to  the  Secretary  of  State 
the  sentiments  of  his  highest  consideration  and  respect. 

PABLO  OBREGON. 

J I un.  IIf.xry  Clay, 

Secretary  of  State. 


[   Doc.  No.  42.  ]  45 

[Translation.] 

List  of  persons  composing  the  commission  appointed  to  make  the  surveys  pre- 
paratory to  the  settlement  of  limits  between  the  United  States  of  America 
and  those  of  Mexico. 

General  Don  M.  Teran, 

Lieutenant  Colonel  Don  C.  Tarnaba, 

Lieutenant  (Colonel  Don  S.  Batres, 

Sub-lieutenant  of  artillery  Don  T.  Ma.  Sanchez, 

Don  R.  Chovcl,  mineralogist, 

Don  Luis  Berlandier,  physician  botanist. 

A  true  copy.     March  19,  1828. 

J.  M.  MONTOYA, 

Secretary  of  Legation. 

Mr.  Clay  to  Mr.  Obregon. 

Department  of  State, 

Washington,  March  24,  1828. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
19th  instant,  communicating  the  information  that  the  Government  of 
Mexico  has  appointed  General  Don  M.  Teran  to  perform  the  scientific 
operations  and  surveys  necessary  to  proceed  in  the  execution  of  the  treaty 
limits  between  the  United  States  of  America  and  the  United  States  of 
Mexico,  and  that  with  that  view  passports  have  been  obtained  from  Mr. 
Poinsett,  minister  plenipotentiary  and  envoy  extraordinary  of  the  United 
States  at  Mexico,  together  with  letters  of  recommendation  to  the  Governors 
of  the  conterminous  Territory  of  Louisiana  and  Arkansas;  and  requesting 
to  be  jn for nied  if  a  passport  from  this  Department  to  General  Teran  and 
his  family  will  be  necessary  to  enable  them  to  execute  the  object  of  their 
appointment  without  molestation. 

The  treaty  to  which  you  are  understood  to  refer,  lately  concluded  at 
Mexico,  has  not  yet  been  received,  and  consequently  is  not  yet  ratified  by 
this  Government.  Any  joint  measures,  therefore,  in  relation  to  its  execu- 
tion, would  be  premature  until  that  ceremony  is  performed.  But  as  the 
operations  and  •  surveys  contemplated  by  General  Teran's  appointment 
are  presumed  to  be  intended  for  the  satisfaction  of  the  Government  of  the 
United  States  of  Mexico,  the  President  has  no  objection  to  them.  I  have, 
therefore,  the  pleasure  of  transmitting  the  passport  requested  from  this 
office,  which,  although  it  may  not  be  necessary  to  the.  security  of  Genera! 
Teran  and  his  suite,  may  conduce  to  the  removal  of  any  obstructions 
which,  without  it,  he  might  possibly  encounter. 

I  avail  myself  of  the  occasion  to  renew  to  Mr.  Obregon  assurances  of 
my  distinguished  consideration. 

HENRY  CLAY. 

Don  Pablo  Obregon, 

Envoy  Extraordinary  and  Minister 

Plenipotentiary  from  the  United  Mexican  States. 


46  f  Doc.  No.   42.   ] 

Mr.  Clay  to  Mr.  Obregon. 

Department  of  State, 

Washington,  April  30,  1828. 

Sir  :  I  have  the  honor  to  inform  you  that  the  President,  by  and  with  the 
advice  and  consent  of  the  Senate  ut'  the  United  States,  has  ratified  the 
treaty  of  limits  concluded  at  Mexico  on  the  12th  \iay  of  January  last.  It 
is  stipulated  in  the  treaty  that  the  exchange  of  its  ratifications  shall  be 
made  in  this  city  within  four  months  from  the  date  of  the  treaty,  of  which 
only  a  few  days  now  remain.  I  have  the  honor  to  inform  you  that  1  am 
ready  to  proceed  in  the  exchange  of  the  ratifications  of  the  treaty  at  any 
time  that  may  suit  your  convenience  within  the  period  prescribed. 

J  avail  myself  of  this  occasion  to  present  you  assurances  of  my  high 
consideration. 

H.  CLAY. 
Don  Pablo  Obregox,  &c. 


Mr,  Obregon  to  Mr.  Clay. 

Legacion  Mexicana, 

Washington,  1  de  Mayo  de  1828. 

Honorable  Sor  :  He  tenidoel  honor  de  recibir  la  nota  de  V.  fecha  de 
ayer,  en  que  me  participar  el  haberse  ratificado  por  el  Presidente  y  Senad 
de  estos  Estados  el  tratado  de  limites  celebrado  entre  este  Gobierno  y  el 
de  Mexico,  cuyo  cange  puede  verificarse  hast  a  el  12  del  presente  mes ;  y 
io  (pie  esta  V.  dispuesto  iia  hacer  cuando  yo  lo  juzgue  conveniente  en  el 
term i no  iudicado. 

Hasta  la  presente  no  he  rccibio  el  tratado,  por  !o  que  tengo  el  sentimien- 
1o  de  no  hacer  el  cange  inmediatanicnte,  como  lo  hubiera  verificado  des- 
pues  del  recibo  4  la  nota  que  tengo  el  honor  de  contestar. 

Aprovecho  esta  ocasion  para  presentar  a\  V.  las  seguridades  de  mi  mas 
alta  consideracion  y  respeto. 

PABLO  OBREGON. 

Hon.  Henry  Clay, 

Secrctario  de  Estado  de  los  Estados  Unidos  de  America. 


Mr.  Obregon  to  Mr.  Clay. 

[Translation.] 

Mexican  Legation, 

Washington,  May  1, 1828. 

Sir  :  I  have  had  the  honor  of  receiving  your  note  dated  yesterday,  in* 

forming  me  of  the    ratification,   by  the  President  and  Senate  of  these 

States,  of  the  treaty  of  limits  concluded  between  this  Government  and  that 

of  Mexico,  whose  exchange  may  be  made  until  the  12th  of  this  month,  and 


[  Doc.  No.  42.  ]  47 

that  you  are  ready  to  proceed  to  effect  that  exchange  whenever  it  shall  be 
convenient  to  me. 

As  yet  I  have  not  received  the  said  treaty,  and  therefore  regret  not  to 
have  it  in  my  power  to  do  so  immediately,  as  I  would  otherwise  have  done 
on  the  receipt  of  the  note  which  I  have  the  honor  to  answer. 

I  seize  this  opportunity  to  present  to  you  the  assurances  of  my  high  con- 
sideration and  respect. 

PABLO  OBREGON. 


Mr.  Obregon  to  Mr.  Clay. 

Legacion  Mexicana, 

Washington,  2  de  Agosto  de  1828. 
Honorable  Sor  :  EI  infrascrito,  enviado  extraordinario  y  ministro 
plenipotenriariode  los  Estados  Unidos  Mexicanos,  tiene  el  honor  de  infor- 
mar  al  Sr.  Secretariode  Estado  (pie  el  dia  de  ayer  llego  de  New  York,  en 
donde  rccihio  el  tratado  dc  Iimites  concluido  en  Mexico,  ratificado  ya  por 
el  Presidente  de  los  Estados  Unidos  Mexicanos,  con  aprobacion  del  Con- 
greso. 

En  esta  virtud,  el  infrascrito  se  halla  dispuesto  a  cangear  las  ratifica- 
ciones,  quando  el  Sr.  Secretario  de  Estado  lo  tenga  por  conveniente. 

El  infrascrito  se  aprovechade  estaocasion  para  repetiral  Sr.  Secretario 
de  Estado  la  seguridad  de  su  mayor  consideracion  y  respeto. 

PABLO  OBREGON. 
Hon.  Henry  Clay, 

Secretario  de  Estado  de  los  Estados  Unidos  de  America. 


Mr.  Obregon  to  Mr.  Clay. 

[Translation.] 

Mexican  Legation, 

Washington,  August  2,  1 82SJ 
Sir  :  The  undersigned,  envoy  extraordinary  and  minister  plenipoten- 
tiary of  the  Mexican  United  States,  has  the  honor  to  inform  the  Secretary 
of  State  that  he  arrived  yesterday  from  New  York,  where  he  received  the 
treaty  of  limits  concluded  at  Mexico,  ratified  by  the  President  of  the  Mex- 
ican United  States,  with  the  approbation  of  Congress. 

The  undersigned  is,  therefore,  ready  to  exchange  the  ratification  when 
convenient  to  the  Secretary  of  State. 

The  undersigned  seizes  this  opportunity  to  renew  to  the  Secretary  of 
State  the  assurances  of  his  highest  consideration  and  respect. 

PABLO  OBREGON, 


48  [  Doc.  No.  42.  j 

Mr.  Brent  to  Mr.  Obregon. 

Department  of  State, 

Washington,  August  2,  1828. 

Sir  :  In  the  absence  of  tin1  Secretary.  I  have  just  received  voir  note  to 
Mm  of  this  days  date,  announcing  yoiif  return  to  this  city  from  that  of 
New  York,  and  stating  that  you  had  received,  in  the  last-mentioned  city, 
the  ratification  by  t he  President  of  the  Mexican  United  States  of  the  trea- 
ty of  limits  between  the  United  States  of  America  and  the  United  Mexican 
States,  concluded  and  signed  at  Mexico  on  the  12th  day  of  January  last,  and 
that  yon  were  ready  to  proceed  to  the  exchange  of  that  ratification  for  one 
on  the  part  of  this  Government  when  convenient.  Having  submitted  your 
note  to  the  President,  I  am  directed  by  him  to  observe  to  you,  as  1  have 
the  honor  to  do,  in  reply,  that,  as  the  treaty  in  question  contains  a  stipula- 
tion that  the  exchange  of  ratifications  should  be  effected  within  four  months 
from  its  date,  and  the  ratification  on  the  part  of  the  United  States  was  ad- 
vised by  their  Senate,  with  that  stipulation  forming  a  part  of  the  instru- 
ment, the  President  does  not  think  himself  at  liberty,  now  that  the  limited 
period  has  expired,  to  authorize  the  proposed  exchange  without  the  further 
consent  of  the  Senate  j  and  that  it  will  be  accordingly  laid  again  before 
the  Senate  at  its  next  session  for  that  purpose,  together  with  the  treaty  of 
amity,  commerce,  and  navigation,  which  was  negotiated  at  Mexico  under 
the  eye  of  your  Government,  and  concluded  and  signed  there  on  the  14th 
of  February  following,  as  it  is  understood  that  a  condition  has  been  an- 
nexed to  the  ratification  of  that  treaty,  by  the  advice  of  the  Mexican  Con- 
gress, of  which  the  Senate  of  the  United  States  was  not  aware  when  it 
advised  the  ratification  of  it  on  the  part  of  the  United  States. 

I  pray  you,  sir,  to  accept  the  assurances  of  my  very  high  and  distin- 
guished consideration. 

DANIEL  BRENT. 

Don  Pablo  Obrf.ggn.  Envoy  Extraordinary 

and  Minister  Plenipotentiary  Jrom  Mexico. 


Mr.  Montoya  to  Mr.  Van  Buren. 

Legaciox  Mexicaxa, 

Baltimore,  Axril  16  de  1829. 

El  iufrascrito,  encargado  de  negqeios  de  Ios  Estados  Unidos  Mexica- 
nos,  tiene  el  honor  de  informal'  al  Sr.  Sccretario  de  Estado  que  el  Gobierno 
de  Mexico,  deseahdo  por  su  parte  llc\ar  a  cfictoel  tratado  de  limites  con- 
cluido  y  firmado  en  aquella  capital  el  12  de  Enero  del  ano  pasado.  y  apro- 
bado  por  el  Congreso  general,  le  ha  nombrado,  para  (pie  enca'idad  de 
phiiipohnciai io  haga  cuanto  sea  nccesario  para  que  se  verifique  el  cange 
de  la  ratificacion  de  dicho  tratado,  remitiendole  al  efecto  el  pleno  poder  cor- 
rrspondicnte. 

Segun  la  nota  que  el  anterior  Sccretario  de  Estado  paso  al  Sr.  Obregon 
antes  de  abrirse  la  Besion  ultima  del  Congreso  de  los  Estados  Unidos  de 
America,  el  obstaculo  que  el  I'residentc  tubo  entonces  para  no  autorizarel 
cange  dc  la  ratificacion,  fue  que  habiendo  nasado  el  termino  estipulado  en 
el  tratado,  debia  somctcrse  6egunda  vez  a  la  consideracion  del  Seuado. 


Doc.  No.  42.  "  49 

El  infrascrito  entiende  que  csto  so  habra  vcrificado  durante  la  sesion 
que  espiro  el  4  de  Marzo,  y  que  ya  no  habra  ninguna  dificultad  por  parte 
del  Gobierno  dc  los  Estados  Unidos  de  America. 

En  csta  virtud,  el  infrascrito  espera  que  el  Sor.  Sccretario  de  Estado 
le  comunique  si  se  lialla  dispuesto  a  proccdcr  al  cange  de  la  ratification 
del  refcrido  tratado  dc  limites. 

El  infrascrito  se  aprovecha  de  csta  ocasion  para  repetir  al  Sor.  Secreta- 
rio  de  Estado  la  seguridad  de  su  mayor  consideracion  y  respeto. 

J.  M.  MONTOYA. 

Honorable  Sor.  Martin  Van  Buren, 

Sccretario  de  Estado  de  los  Estados  Unidos  de  America. 


Mr.  Montoya  to  Mr.  Van  Buren. 

[Translation.] 

Legation  of  Mexico, 

Baltimore,  Jlpril  16,  1829. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  has 
the  honor  to  inform  the  Secretary  of  State  that  the  Government  of  Mexico, 
desirous  of  carrying  into  effect,  on  its  part,  the  treaty  of  limits  concluded 
in  that  capital  on  the  12th  January  of  last  year,  and  approved  by  the 
General  Congress,  has  directed  him,  as  its  plenipotentiary,  to  do  what- 
ever may  be  necessary  to  effect  the  exchange  of  ratifications  of  the  said 
treaty,  and  invested  him  with  full  powers  for  that  purpose. 

It  appears  from  a  note  which  the  late  Secretary  of  State  addressed  to 
Mr.  Obregon  prior  to  the  opening  of  the  last  session  of  Congress,  that 
the  objection  which  the  President  then  had  to  authorize  the  exchange  of 
the  ratification,  was,  that  the  term  stipulated  bv  the  treaty  having  expired, 
it  was  necessary  again  to  submit  it  to  the  Senate  for  consideration. 

The  undersigned  presumes  that  this  has  been  done  during  the  session 
■which  expired  on  the  4th  of  March,  and  that  no  further  difficulty  now 
exists  on  the  part  of  the  United  States  of  America. 

The  undersigned,  therefore,  hopes  that  the  Secretary  of  State  will  in- 
form him  whether  he  is  disposed  to  proceed  to  the  exchange  of  the  ratifi- 
cation of  the  treaty  of  limits  above  referred  to. 

The  undersigned  seizes  this  opportunity  to  renew  to  the  Secretary  of 
State  the  assurances  of  his  greatest  consideration  and  respect. 

J.  M.  MONTOYA. 


Mr.  Van  Buren  to  Mr.  Montoya. 

Department  of  State, 

Washington,  April  22,  1829. 
The  undersigned,  Secretary  of  State  of  the  United  States,  lias  received 
the  note  of  the  16th  instant,  which  Mr.  Montoya,  charge  d'affaires  from 
the  United  Mexican  States,  has  addressed  to  him,  stating  that  his  Goy- 
4 


50  [  Doc.  No.  42.  ] 

eminent,  being  desirous  of  carrying  into  effect,  on  its  part,  the  treaty  of 
limits  concluded  on  Ihe  12th  January  of  last  year,  between  this  Govern- 
ment and  that,  has  directed  him  to  do  whatever  may  be  necessary  to  ac- 
complish  the  exchange  of  the  ratifications  of  that  treaty,  and  has  invested 
him  with  full  powers  for  the  purpose;  and  requesting  to  be  informed 
whether  the  undersigned  is  disposed  to  proceed  with  him  to  the  exchange 
of  the  ratifications,  accordingly,  of  the  treaty  referred  to. 

The  undersigned  having  laid  Mr.  Montoya's  note  before  the  President 
of  the  United  States,  he  is  instructed  by  him  to  state,  in  reply,  as  he  has 
the  honor  to  do,  that,  concurring  in  the  opinion  which  appears  to  have  been 
entertained  by  his  immediate  predecessor,  as  made  known  to  Mr.  Obregon, 
the  then  minister  of  Mexico  near  this  Government,  on  the  2d  of  August 
last,  by  this  Department,  that  it  would  not  be  proper  on  his  part  to  au- 
thorize the  exchange  of  the  ratifications  without  again  submitting  the 
treaty  to  the  consideration  of  the  Senate,  for  its  renewed  advice  and  con- 
sent,*the  term  stipulated  by  that  instrument  itself,  in  which  the  exchange 
of  ratifications  was  to  be  effected,  having  expired  before  Mr.  Obregon 
gave  notice  that  he  was  instructed  and  empowered  to  make  it  on  the  part 
of  his  Government,  this  formality  cannot  now  be  entered  upon,  but  must 
necessarily  await  the  decision  of  the  Senate,  at  its  next  session,  when  the 
treaty  in  question  will  be  again  submitted  to  that  body  with  that  view. 

The  undersigned  is  not  particularly  acquainted  with  the  policy  which 
governed  the  late  President,  in  not  asking  and  taking  the  advice  of  the 
Senate  at  its  last  session,  as  it  appears  he  intended  to  do,  with  regard  to 
this  subject,  but  ic  is  presumed  that  he  was  influenced  by  the  expectation 
which  he  had  reason  to  entertain,  that  another  treaty  between  the  same 
parties,  equally  interesting  to  both  of  them,  which  had  also  been  negotiated 
and  concluded  at  the  Mexican  capital,  under  the  immediate  eye  of  the 
Mexican  Government,  would  be  received  back  from  that  Government,. 
with  its  ratification  added  thereto,  in  time  to  be  submitted,  together  with 
the  other,  to  the  consideration  of  the  Senate  during  that  session  ;  and  he 
vias  disappointed  in  this  expectation.  Before  the  commencement  of  the 
next  session  of  the  Senate,  however,  the  undersigned  flatters  himself  that 
Mr.  Montoya  will  have  received  from  his  Government  its  ratification  of 
the  last-mentioned,  the  commercial  treaty,  with  authority  to  proceed  to 
the  exchange  of  it  for  the  ratification  of  this  Government;  and  he  is  au- 
thorized to  inform  him  that,  in  that  case,  the  President  will  forthwith 
submit  it  likewise  to  the  further  consideration  of  the  Senate  of  the  United 
States. 

The  undersigned  prays  Mr.  Montoya  to  accept  the  assurance  of  his 
distinguished  consideration. 

M.  VAN  BUREN. 

Don  J.  M.  Montoya,  $*c. 


Mr.  Montoya  to  Mr.  Livingston. 

Legacion  Mexicana  en  Washington, 

Marzo  26  de  1832. 
El  infrascrito,  encargado  de  ncgocios  de  los  Estados  Unidos   Mcxi- 
canos,  tiene  el  honor  dc  informal'  al  Sr.  Secretario  de  Estado  de  los  Estados 


[  Doc.  No.  42.   ]  51 

Unidos  de  America,  que  el  Gobicrno  do  Mexico,  doseando  Ilcvar  a  efecto 
pop  su  parte  el  tratado  de  limites  y  cl  de  amistad,  comercio,  y  navegacion, 
concluidos  y  firmados  en  aquella  capital,  el  ])rimcro  en  12  de  Enero  del 
ano  de  1828,  y  el  segundo  en  5  dc  Abril  de  1851,  y  ambos  aprobados  poi 
cl  Congreso  general  de  la  Union,  le  ha  nombrado  y  antorizado  coinpe- 
tentemente,  para  que,  en  calidad  de  plenipotenciario,  haga  cuanto  sea  neces- 
ario  para  proccder  al  cange  de  las  ratificacioncs  de  dichos  tratados. 

£1  infrascrito  cspcra  que  el  Sr.  Secretario  de  Estado  le  manifiestc  si  se 
halla  igualmente  dispuesto  .1  proceder  al  range  de  las  ratilicaciones,  en  el 
concepto  que  cl  5  de  Abril  proximo  sc  concluyeel  termino  estipulado  para 
estc  acto. 

El  infrascrito  se  aprovecba  de  esta  ocasion  para  rcnovar  al  Sr.  Secret 
tario  de  Estado  los  sentimientos  de  su  alta  consideration  y  respeto. 

J.  M.  MO  N  TOY  A. 

Al  Hon.  Sr.  Edw.  Livingston, 

Secretario  de  Estado. 


Mr.  Montoya  to  Mr.  Livingston. 

[Translation.] 

Mexican  Legation  in  Washington, 

March  26,  1832. 

Tbe  undersigned,  charge  d'affaires  of  tbe  United  Mexican  States,  has 
the  honor  to  inform  the  Secretary  of  State  of  the  United  States  of  Amer- 
ica, that  the  Government  of  Mexico,  being  anxious  to  carry  into  effect  on 
its  own  part  the  treaty  of  limits,  and  that  of  amity,  commerce,  and  navi- 
gation, concluded  and  signed  at  the  capital  of  the  latter  republic  on  the 
12th  of  January,  1828,  and  on  the  5th  of  April,  1831,  both  of  which  have 
been  approved  by  tbe  General  Congress  of  the  Union,  have  appointed  and 
fully  authorized  him,  as  plenipotentiary,  to  do  whatever  may  be  necessary 
for  the  exchange  of  the  ratifications  of  the  said  treaties. 

The  undersigned  hopes  that  the  Secretary  of  State  will  inform  him 
whether  he  is  equally  disposed  to  proceed  to  the  exchange  of  the  ratifica- 
tions, reminding  him  at  the  same  time,  that,  on  the  5th  of  April  next  the 
period  stipulated  for  that  act  will  expire. 

The  undersigned  avails  himself  of  this  occasion  to  renew  to  the  Secre- 
tary of  State  tbe  expressions  of  his  high  consideration  and  respect. 

J.  M.  MONTOYA. 

To  the  Hon.  Edward  Livingston, 

Secretary  of  State. 


Mr.  Livingston  to  Mr.  Montoya. 

Department  or  State, 

Washington,  March  30,  1838. 
The  Secretary  of  State  of  the  United  Stak-s  had  the  honor  to  receive,  on 
the  day  of  its  date,  the  26th  of  this  month,  the  note  of  Mr.  Montoya,  char  ge 
d'affaires  of  the  United  Mexican  States,  and  has  now  the  satisfaction    to 


52  [  Doc.  No.  42.  ] 

inform  him,  in  reply,  that  lie  will  be  ready  to  proceed  witli  Mr.  Montoya, 
at  this  ollice,  on  Wednesday  next,  the  4th  of  April,  to  the  exchange  of  the 
ratifications,  by  their  respective  Governments,  of  the  treaty  of  commerce 
and  navigation  concluded  between  them  at  Mexico  on  the  5th  day  of 
April  last. 

To  Mr.  Montoya, 

Charge  iV Affaires  of  Mexico. 


Mr.  Montoya  to  Mr.  Livingston. 

Legacion  Mexicana  en  Washington, 

Marxo  de  31  de  1832. 
El  infrascrito,  encargado  de  negocios  de  losEstados  Unidos  Mexicanos, 
ha  tenido  el  honor  de  recibir,  hoy,  la  nota  del  Sr.  Secretario  de  Estado, 
fee  ha  50  del  corriente,  en  que  le  informa,  en  contestacion  a  la  soya  del  26, 
cstar  dispuesto  a  proceder  con  el  infrascrito,  el  Miercolcs  proximo,  4  dc 
Abril,  al  cambio  de  las  ratificaciones  por  sus  respectivos  Gobiernos,  del 
tratado  de  comercio  y  navegacion  concluido  en  Mexico  en  5  de  Abril 
ultimo. 

El  infrascrito  no  ha  podido  menos  de  mirar  con^sentimiento  y  sorpresa 
esta  contestacion.  Desde  30  de  Abril  de  1828,  el  Sr.  Clay,  entonccs  Secre- 
tario de  Estado,  dirigio  una  nota  al  ministro  Mexicano,  informandole  que 
habiendo  el  Presidente,  a  ciencia  y  consentimiento  del  Senado  de  los  Esta- 
dos  Unidos  de  America,  ratificadoel  tratado  delimites,  concluido  en  Mexico 
en  12  de  Enero  del  mismo  afio,  estaba  dispuesto  a  proceder  al  cambio  de 
las  ratificaciones  del  tratado  a  alguna  tiempo  que  el  ministro  Mexicano 
progase  conveniente,  dentro  del  tcrmino  estipulado. 

Como  iiasta  aqueila  feclia,  el  ministro  Mexicano,  no  habio  recibido  el 
tratado  raiificado  por  su  Gobierno,  no  pudo  proceder  entonccs  al  cambio 
de  las  ratificaciones. 

Cuando,  despues  le  recibido  del  tratado,  el  mismo  ministro  informa  al  Se- 
cretario de  Estado,  en  2  de  Agosto  del  mismo  ano,  no  tener  ya  ninguno 
obstaculo  para  proceder  al  cambio  de  las  espresadas  ratificaciones,  se  le 
contesto,  el  mismo  dia,  que  habia  transcendido  el  termino  sonalado  en  el 
tratado,  y  queseria  necesario  volver  a  someter  a  la  consideraciou  del  Sen- 
ado  en  la  proxima  sesion. 

La  misma  contestacion  se  dio  por  el  Sr.  Van  Buren  en  22  de  Abril  a 
una  nota  del  infrascrito  anadiendo  que  luega  que  se  recibiese  el  tratado  de 
comercio  y  navegacion  de  sometcrian  ambos  a  la  consideracion  del  Senado 
de  los  Estados  Unidos  de  America.  . 

En  virtad  de  esta  correspondencia,  el  VicePresidcnte  de  los  Estados  Uni- 
dos Mexicanos,  venciendo  muchas  dificultades,  ha  procurado  con  la  mayor 
eficacia  tomar  todas  las  medidas  necusarias  para  concluir  y  ratificar  el  tra- 
tado dc  amistad,  comercio,  y  navegacion,  verificando  lo  mismo  con  un  ar- 
ticulo  adicional  al  tratado  de  limites,  por  trlquc  se  estiende  el  termino  para 
el  cange  de  las  ratificaciones  al  5  de  Abril  proximo. 

De  cstos  hecbos  se  coucluyc  que  el  tratado  de  limites  fuc  ratificado  con- 
stitucionalmente  por  el  Presidente  de  los  Estados  Unidos  de  America,  y  que 
sinose  verifico  cl  cambio  de  las  ratificaciones  fue  por  habcrpasado  el  termino 


[  Doc.  No.  42.  ]  53 

estipulado  ;  que  el  Gobierno  de  Mexico,  por  medio  del  articulo  adicional,  ha 
removido  cstadifieultad  en  cuantoest&  desu  parte,  Iguaimenle  se  concliiye 
que  el  Gobierno  de  Mexico  ratificando  el  tratado  de  amistad,  comercio, 
y  nayegaciori,  Ik:  sat  is  ['echo  &  la  segundaobjecion,  que  el  Gobierno  de,  loa 
Estados  Unidos  de  America  liabia  presfentado  para  no  proccder  al  cambio 
de  las  ratificacionea  del  tratado  de  limitos. 

De  conseguienlc  el  Gobierno  Mexicano  al  enviar  atnbos  tratados  para 
que  se  cangearan  ;i  la  vcz,  en  esta  capital,  dentro  del  termino  ultimamente 
seiialado,  estaba  muy  lesos  de  crcer  que  se  pudiese  posponer  mdefinida- 
mente  el  cambio  de  las  ratificacioncs  del  de  limitcs  por  parte  del  Gobierno 
Americano. 

El  infrascrito  omiteespresar  la  desfavorablc  imprcsion  que  esta  dilacion 
produciria  en  la  nation  Mcxicana.  Asi  que  el  infrascrito  se  promete  que 
el  Sr.  Secretario  de  Estado  cuando  ten$a  por  conveniente  proceder  al  cam- 
bio de  las  ratificaciones  del  tratado  de  amistad,  comercio,  y  navegaceon, 
procedera  igualmente  al  cambio  de  las  del  tratado  de  limitcs. 

EI  infrascrito  se  aprovecbade  esta  ocasion  para  reiterar  al  Sr.  Secreta- 
rio de  Estado  los  sentimientos  de  su  alta  consideracion  y  respeto. 

J.  M.  MONTOYA. 

Hon.  Sr.  Edw.  Livingston, 

Secretario  de  Estado. 


Mr.  Montoya  to  Mr.  Livingston. 

[Translation.] 

Mexican  Legation, 

Washington ,  March  31,  1832. 

Tlie  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  had 
this  day  the  honor  of  receiving  from  the  Secretary  of  State,  a  note  bearing 
date  the  SOth,  in  reply  to  his  of  the  26th  :  in  it  the  Secretary  informs  the 
undersigned  that  he  will  be  prepared,  on  Wednesday  the  4th  of  April  next, 
for  the  exchange  of  the  ratifications  by  the  respective  Governments  of  the 
treaty  of  commerce  and  navigation  concluded  in  Mexico  on  the  5th  of  April 
last. 

The  undersigned  was  much  surprised  and  grieved  by  the  terms  of  this 
reply.  On  the  SOth  April,  1828,  Mr.  Clay,  then  Secretary  of  State,  in- 
formed the  Mexican  minister  by  note,  that  the  President  had,  with  the  ad- 
vice and  consent  of  the  Senate,  ratified  the  treaty  of  limits  which  had  been 
concluded  in  Mexico  on  the  12th  of  January  preceding,  and  that  he  was 
ready  for  the  exchange  of  the  ratifications  at  any  time  within  the  period 
assigned  by  the  treaty  which  would  be  convenient  to  the  Mexican  minis- 
ter. That  period  however  passed  before  the  minister  could  receive  the 
treaty  ratified  by  his  Government,  and  consequently  the  exchange  would 
not  be  effected  within  it.  When  at  length  the  treaty  arrived,  the  minister 
informed  the  Secretary  of  State  on  2d  August,  182S,  that  no  further  obsta- 
cle existed  to  the  exchange  of  ratifications  ;  the  reply  was,  that  the  perio'd 
fixed  in  the  treaty  having  been  exceeded,  the  subject  would  have  to  be 
brought  before  the  Senate  at  their  next  session. 


54  [   Doc.  No.  42.  ] 

The  same  reply  was  given  by  Mr.  Van  Burcn  to  the  undersigned  on  the 
:2d  April,  with  the  addition  that  as  soon  as  the  treaty  of  commerce  and 
navigation  was  received,  it  would  he  submitted  to  the  consideration  of  the 
Senate. 

Induced  by  this  correspondence,  the  Vice  President  of  the  United  Mexi- 
can States  procured,  with  great  difficulty,  the  necessary  powers  to  conclude 
and  ratify  the  treaty  of  friendship,  commerce,  and  navigation,  the  period  for 
the  exchange  of  ratifications  of  this  latter  being  declared  by  an  additional 
article  to  be  the  same  within  which  that  of  the  treaty  of  limits  is  to  take 
place. 

From  this  it  appears  that  the  treaty  was  actually  signed  by  the  President 
of  the  United  American  States,  and  that  the  exchange  was  only  prevented 
by  the  circumstance  of  the  period  assigned  having  been  exceeded  ;  that  the 
Mexican  Government,  by  the  additional  article,  had  removed  this  obstacle 
as  far  as  lay  in  its  power,  and  by  ratifying  the  treaty  of  friendship,  com- 
merce, and  "navigation,  has  also  done  away  with  the  second  objection  alleged 
by  the  United  States  Government  against  the  exchange  of  the  treaty  of 
limits. 

Consequently,  when  lhe  Mexican  Government  sent  both  the  treaties  to 
be  exchanged  at  once  in  this  capital,  within  the  period  last  assigned,  it 
was  far  from  imagining  that  the  exchange  of  ratifications  of  the  treaty 
of  limits  would  be  put  off  indefinitely  by  the  American  Government. 

The  undersigned  says  nothing  of  the  unfavorable  impression  which  this 
delay  will  produce  upon  the  Mexican  nation,  and  ventures  to  hope  that 
when  the  Secretary  of  State  thinks  proper  to  exchange  the  ratifications  of 
the  treaty  of  friendship, commerce,  and  navigation,  he  will  likewise  exchange 
those  of  the  treaty  of  limits  at  the  same  time. 

The  undersigned  takes  this  occasion  to  express  to  the  Secretary  of  State 
he  sentiments  of  consideration  and  respect  with  which  he  signs  himself, 

J.  M.  MONTOYA. 

To  the  lion.  Edward  Livingston, 

Secretary  nf  State. 


Mr.  Livingston  to  Mr.  Montoya. 

Department  or  State, 

Washington,  March  31,  1832. 
The  undersigned,  Secretary  of  State  of  the  United  States,  has  the  honor 
to  acknowledge  the  receipt  of  a  note  of  this  date  from  Mr.  Montoya,  charge 
d'affaires  of  the  United  States  of  Mexico,  in  answer  to  the  notice  which 
the  undersigned  caused  to  be  given  of  his  readiness  to  proceed  to  the  ex- 
change of  the  ratifications  of  the  treaty  of  commerce  and  navigation  on  the 
4  th  of  next  month  of  April.  In  that  note  Mr.  Montoya  expresses  a  hope 
that,  on  the  same  day  fixed  for  the  exchange  of  the  ratifications  of  the 
treaty  of  commerce  and  navigation,  (he  exchange  may  also  take  place  of 
the  treaty  of  limits.  To  this  proposition  it  would  be  a  sufficient  answer  to 
say,  that,  in  order  to  proceed  to  the  exchange  of  treaties,  the  ratifications 
of  both  of  the  high  contracting  parties,  by  their  constitutional  organs,  must 
have  preceded  such  exchange;  that,  in  the  case  of  one  treaty,  such  ratifi- 


f  Doc.  No.  42.  J  55 

cation  has  taken  place,  ami  that  in  the  case  of  the  other  it  has  not:  the 
treaty  of  limits  being  still  under  the  consideration  of  the  Seaate,  without 
whose  consent  and  advice,  by  the  constitution,  the  President  cannot  ratify 
the  treaty,  and  of  course  the  undersigned  cannot  make  the  exchange. 
This,  the  undersigned  repeats,  would  be  a  suflicicnt,  and,  as  is  hoped,  a 
satisfactory  reason  why  the  expectations  of  the  charge*  d'affaires  of  the 
United  Mexican  States  on  this  subject  cannot  be  fulfilled.  But,  as  the 
course  heretofore  taken  seems  to  be  relied  on  as  a  reason  why  the  exchan- 
ges ought  in  good  faith  to  be  simultaneously  made,  it  is  proper  to  remark 
that  the  readiness  evinced  by  the  note  of  Mr.  Clay,  on  the  30th  of  April, 
1828,  on  the  part  of  this  Government,  to  proceed  to  the  exchange  of  the 
treaty  of  limits  immediately  after  its  ratification  by  the  Senate,  and  the 
subsequent  answer  given  to  the  minister  from  Mexico  that  such  exchange 
could  not  take  place,  as  the  period  limited  for  the  exchange  had  expired, 
both  show  that  this  Government  was  ready  to  make  the  exchange  within 
the  time,  and  signified  such  readiness,  and  that  after  that  time  had  expired 
no  power  to  do  it  existed  until  a  modification  of  the  treaty  had  been  made 
by  the  treaty-making  powers  of  both  nations.  That  modification  has  been 
made  by  one  of  the  high  contracting  parties,  and  it  is  now  before  the  other 
for  its  action. 

The  intimate  acquaintance  which  the  charge*  d'affaires  of  the  Mexican 
republic  has  with  the  distribution  of  powers  under  our  constitution  renders 
it  unnecessary  to  explain  to  him  the  relative  functions  of  the  President  and 
the  Senate  in  the  formation  of  treaties,  or  to  inform  him  that  it  would  be 
impossible  for  the  President  to  assume  the  powers  given  to  another  branch 
of  the  Government.  The  former  ratification  by  the  Senate  four  years  ago 
"was  rendered  inoperative  by  the  omission  of  the  Mexican  Government  to 
ratify  within  the  term  prescribed,  and  the  subsequent  enlargement  of  the 
term  by  an  additional  article  by  one  party  requires,  as  has  been  said,  the 
co-operation  of  the  other  before  the  compact  can  be  complete. 

It  is  hoped  that  the  ratification  of  the  Senate  will  enable  the  undersigned 
to  comply  with  the  wishes  of  the  charge  d'affaires  of  the  United  Mexican 
States,  to  exchange  both  treaties  at  the  same  time,  and  to  give  the  greatest 
opportunity  for  doing  this  the  latest  day  was  fixed  for  the  exchange  of  the 
ratifications  of  the  treaty  of  commerce  and  navigation. 

The  undersigned  renews  the  assurances  of  his  high  consideration. 

EDWARD  LIVINGSTON. 

Jose  Montota,  Esq. 

Charge  OP  Affaires  of  the  United  Mexican  States. 


Mr.  Montoya  to  Mr.  Livingston. 

Legacion  Mexicana  en  Washington, 

Abril  3  de  1832. 

El  infrascrito,  encargado  denegocios  dc  Los  Estados  Unidos  Mexicanos, 
tubo  el  honor  de  recibir,  ayer,  a  las  3,  lanota,  del  Sr.  Livingston,  Secre- 
tario  do  Estado,  fecha  31  de  Marzo,  en  contcstacion  a  lasuya  del  mismo  dia, 
en  que  le  manifestaba  los  motivos  que  tenia  para  esperar  que  el  cange  de 


56  [    Doc.  No.  42.   ] 

la  ratification  del  tratado  dc  limites  se  verificarseen  cl  mismo  tlia  scnalado 
para  el  del  de  amistad,  cotuercio,  y  navegacion. 

ElSr.  Livingston,  en  sunotamencionada,  dice,  quea  esta  proposition  seriar 
bastante  respbnder,  que  para  proceder  al  cange  dc  los  tratados  debe  prcce- 
der  la  ratifii  acion  de  !as  dos  altas  partes  contratantes  :  y  que,  estando  aun 
el  tratado  de  limites  baso  la  consideration  del  Senado  delos  Estados  Unidos 
sin  cum)  consentimiento  el  Presidente,  nopuederatificarlo,  cl  Sr.  Livingston 
no  puede  proceder  al  cambiode  las  ratificaciones.  Afi.ule  despises  que  aunque 
esta  debia  reputarse  por  una  razon  suficiente  y  satisfactorio  para  que  no 
pudieran  realizar  se  his  esperanzas  de  infrascrito  sobre  cse  asunto,  era 
propio  hacer  la  observation,  que  la  disposition  que  el  Sr.  Clay  manifesto 
en  su  nota  de  30  de  Abril  de  1828,  para  proceder,  por  parte  del  Gobierno 
<le  los  Estados  Unidos,  al  cambio  de  las  ratificaciones  del  tratado  de 
limites,  inmediatamente  despues  de  su  ratiticacion  por  el  Senado,  y  su 
respuesta  al  ministro  Mexicano,  de  que  no  podia  verificarse  el  cambio  de 
las  ratificaciones  por  baber  pasado  el  terra i no  senaiado  todoesto  prueba  que 
cl  Gobierno  de  los  Estados  Unidos  de  America  estaba  di  spues  to  a  bacer  el 
cange  ;  mas  cjue  liabiendo  pasado  el  termino,  a  quel  acto  no  podia  verifi- 
carse liasta  que  los  poderes  del  Gobierno  autorizados  para  hacer  tratado 
hicicden  la  modification  aunque  y  hecha  por  una  de  las  dos  altas  partes 
contratantes  estaba  pendientc  de  la  decision  dc  laotra.  El  Sr.  Secretario 
afiadc,  que  la  primera  ratification  del  Senado  de  los  Estados  Unidos  de 
America  se  babia  invalidado  por  la  omision  del  Gobierno  Mexicano  en 
ratificar  el  tratado  (lentro  del  termino  scnalado,  y  que  la  estencion  de  el 
]>or  medio  de  un  articulo  adicional  hecha  por  una  de  las  partes  requiere  la 
cooperation  de  la  otra,  antes  que  el  paeto  pueda  reputarse  completo. 

El  infrascrito,  cuando  paso  su  nota  de  31  dc  Marzo,  bien  sabia  que  el 
Presidente  de  los  Estados  Unidos  no  podia  ratificar  el  tratado  de  limites 
sin  el  consentimiento  del  Senado;  sabia  tambien,  que  no  habiendose  cam- 
biado  las  ratificaciones  dentro  del  termino  estipulado  en  12  de  Enero  del 
alio  de  1828,  esa  necesario  que  el  articulo  adicional  para  prolongar  el  ter- 
mino del  range  por  un  ano,  convenido  en  Mexico  en  5  de  Abril  de  1831, 
entre  las  plenipotentiaries  de  las  dos  altas  partes  contratantes,  debia  some- 
terse  a  la  consideration  del  Senado,  sin  embargo creea  que  para  la  ratifi- 
cation de  cste  articulo  no  se  hubiera  encontrado  ninguna  dificultad. 

En  efecto,  el  tratado  de  limites  concluido  y  firm  ado  en  Mexico  no  es 
sin  una  repetition  del  que  se  celebro  y  ratifico  por  los  Estados  Unidos  y 
por  Espafia.  Cuando  los  Estados  Unidos  de  America  reconocicron  la  in- 
dependencia  de  Mexico,  en  el  mismo  hecho  reconocieron  tacitatnente  los 
limites  ya  conveniendos  con  la  Espafia ;  y  asi,  al  proceder  a  la  formation  del 
tratado  sob  re  el  mismo  negocio,  en  cl  ano  de  1828,  tanto  los  Estados  Unidos 
de  America  con  los  Estados  Unidos  Mexicanos  no  hicieron  otra  cosa  sino 
dar  una  nueva  sancion  a  lo  ya  reconocido. 

La  prontitud  con  que  fue  ratificado  por  el  Presidente  de  los  Estados 
Unidos,  con  consentimiento  del  Senado,  y  la  disposition  manifestada  por 
el  Sr.  Clay  para  verificar  el  cangc  de  los  ratificaciones — prueba  que  la 
cuestion  de  limites  estaba  enteramente  aranjada  ;  y  qne  si,  despues  de  pa- 
sado cl  termino  para  el  cange,  cl  Presidente  crei6  necesario  volver  a  so- 
meter  el  tratado,  a  la  consideration  del  Senado  no  se  puede  imaginar  que 
esta  Begunda  revision  tuviere  por  objeto  la  cuestion  de  limites,  sino  simple- 
Bente  la  de  prolongar  cl  termino  estipulado  para  el  cange. 

Esta  prolongacion  ba  sido  el  unico  asunto  del  articulo  adicional,  que  en 


f  Doc.  No.  42.  J  57 

virtud  dc  podercs  de  su  Gobierno,  ftrrao  el  plcnipotcnciario  Americano 
acreditado  cerca  del  de  los  Kstados  Unidos  Mexicauos. 

For  conaiguiente,  cl  Gobeirno  del  infrascrito,  perauadido  que  nohubieso 
la  menor  dificullad  do  parte  del  de  los  Estados  Unidos  de  America,  en  la 
ratification  del  articulo  adicional,  se  creya  autorizado  para  esperar  que 
severificase  al  mismo  tiempo  el  cangc  de  amhas  tratados. 

Asi  que,  el  infrascrito  sc  ve  en  la  necesidad  de  manifestar  al  Sr.  Sccreta- 
rio  de  Estado,  que  cnnforme  a  sus  jnstrucciones,  no  puede  proccder  al  cange 
dclasratificaciones  del  tratado  dc  amistad,  comercioy  navcgacion,  sino  se 
verifica  al  mismo  tiempo  el  de  las  del  tratado  de  limites. 

El  infrascrito  se  apro  vecba  de  esta  ocasion  para  ronovar  al  Sr.  Sc- 
cretario  de  Estado  los  sentimientos  de  su  alta  consideracion  y  respeto. 

J.  M.  MONTOYA. 

JJon.  Sr.  Edw.  Livingston, 

Sccrelario  de  Estado. 


Mr.  Montoya  to  Mr.  Livingston. 

[Translation.] 

Mexican  Legation  in  Washington, 

April  3,  1832. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  had 
the  honor  to  receive,  yesterday,  at  3  o'clock  in  the  afternoon,  the  note  from 
Mr.  Livingston,  the  Secretary  of  State,  dated  March  31st,  in  reply  to  that 
from  the  undersigned  of  the  same  date,  stating  his  reasons  for  hoping  that 
the  ratifications  of  the  treaty  of  limits  might  be  exchanged  on  the  same  day 
with  those  of  the  treaty  of  amity,  commerce,  and  navigation. 

Mr.  Livingston,  in*  his  said  note,  says  that  it  would  be  a  sufficient  an- 
swer to  this  proposition  to  state,  that  in  order  to  proceed  to  the  exchange  of 
treaties,  the  ratifications  of  both  the  high  contracting  parties  should  have 
been  previously  exchanged,  and  that  as  the  treaty  of  limits  is  now  under 
the  consideration  of  the  Senate  of  the  United  States,  without  the  consent  of 
which  the  President  cannot  ratify  it,  Mr.  Livingston  cannot  proceed  to  the 
exchange  of  the  ratifications.  He  afterwards  adds,  that  although  this  might 
be  taken  as  a  sufficient  and  satisfactory  reason  for  the  non-fulfilment  of  the 
expectations  of  the  undersigned  with  regard  to  this  affair,  it  was  proper  to 
remark  that  the  readiness  evinced  by  Mr.  Clay,  in  his  note  of  the  30th  of 
April,  1828,  to  proceed  on  the  part  of  the  United  States  to  the  exchange 
of  the  ratifications  of  the  treaty  of  limits,  immediately  after  its  ratification 
by  the  Senate,  and  his  answer  to  the  Mexican  minister,  that  the  said  ex- 
change could  not  take  place,  as  the  period  assigned  for  it  had  expired, 
served  as  proofs  that  the  Government  of  the  United  States  was  ready  to 
make  the  exchange  ;  but  that  the  period  having  expired,  it  could  not  be  ef- 
fected until  a  modification  of  the  treaty  had  been  made  by  those  authorized 
by  the  Government  to  make  it ;  that  such  a  modification  had  been  made  by 
one  of  the  high  contracting  powers,  but  the  decision  of  the  orther  with  re- 
gard to  it  was  still  pending.  The  honorable  Secretary  adds,  that  the  first 
ratification  by  the  Government  of  the  United  States  ha«i  been  rendered  void 


58  [  Doc.  No.  42.  J 

by  the  omission  on  tlic  part  of  tlic  Mexican  Government  fed  ratify  the  treaty 
within  the  term  prescribed;  and  that  the  extension  of  this  term  by  means  of 
an  additional  article,  proposed  !>y  one  party,  requires  for  its  entire  admis- 
sion, as  a  compact,  the  Co-operation  of  the  other. 

The  undersigned,  on  despatching  his  note  of  the  31st  March,  was  well 
aware  that  the  President  of  the  United  States  could  not  ratify  the  treaty  of 
limits  without  the  consent  of  the  Senate  :  he  also  knew  that  as  the  ratifica- 
tions had  not  been  exchanged  within  the  period  stipulated  on  the  12th  of 
January,  18GS,  it  was  necessary  that  the  additional  article  for  extending 
tho  term  of  the  exchange  one  year  longer,  agreed  upon  at  Mexico  between 
the  plenipotentiaries  of  the  two  high  contracting  parties,  should  he  submit- 
ted to  the  consideration  of  the  Senate  ;  he  however  believed  that  no  diffi- 
culty would  have  taken  place  with  regard  to  the  ratification  of  the  said 
article. 

In  fact,  the  treaty  of  limits  concluded  and  signed  at  Mexico,  is  merely  a 
repetition  of  that  concluded  and  ratified  by  the  United  States  and  by  Spain. 
V*  hen  the  United  States  of  America  recognised  the  independence  of  Mexi- 
co, they  by  that  very  act  tacitly  recognised  the  limits  already  agreed  on 
with  Spain,  and  therefore,  in  forming  the  treaty  with  regard  to  that  subject 
in  1823,  the  United  States  of  America,  as  well  as  the  United  Mexican 
States,  did  nothing  more  than  sanction  what  had  been  already  acknowl- 
edged. 

The  readiness  with  which  this  treaty  was  ratified  by  the  President  of  the 
United  States,  with  the  consent  of  the  Senate,  and  the  disposition  mani- 
fested by  Mr.  Clay  for  effecting  the  exchange  of  the  ratifications,  prove 
that  the  question  of  the  limits  was  entirely  arranged,  and  that  if,  after  the 
expiration  of  the  term  for  the  exchange,  the  President  had  thought  proper 
to  submit  the  treaty  again  to  the  consideration  of  the  Senate,  there  was  no 
ground  for  supposing  that  this  second  revision  comprehended  the  question 
of  limits,  or  that  it  would  not  be  confined  simply  to  that  of  the  extension  of 
the  period  stipulated  for  the  exchange. 

This  extension  was  the  sole  object  of  the  additional  article,  which  was 
signed  by  the  American  plenipotentiary  accredited  near  the  Government  of 
the  United  Mexican  States,  in  virtue  of  powers  conferred  on  him  by  his 
own.  In  consequence,  the  Mexican  Government,  under  the  persuasion  that 
there  would  not  be  the  slightest  difficulty  on  the  part  of  that  of  the  United 
States  of  America,  with  regard  to  the  ratification  of  the  additional  article, 
considered  itself  authorized  to  expect  that  the  exchange  of  both  treaties 
would  take  place  at  the  same  time. 

The  undersigned  therefore  finds  himself  under  the  necessity  of  informing 
the  Secretary  of  State,  that  agreeably  to  his  instructions,  he  cannot  pro- 
ceed to  the  exchange  of  the  ratifications  of  the  treaty  of  amity,  commerce, 
and  navigation,  unless  those  of  the  treaty  of  limits  be  exchanged  at  the  same 
time. 

The  undersigned  avails  himself  of  this  occasion  to  repeat  to  the  honor- 
able Secretary  of  State  the  assurances  of  his  high  consideration  and  respect. 

J.  M.  MONTOYA. 

To  the  Hon.  Edw.  Livingston, 
Secretary  of  State. 


[  Doc.  No.  42.  ]  59 

Mr.  Montoya  to  Mr.  Livingston. — Extract. 

Legacion  Mexicaxa  en  Washington, 

Jlbril27  de  1832. 
En  el  articulo  3  del  tratado  dc  limites,  se  ha  convenido  en  que  para  fi  jai* 
la  linea  divisoria  dc  ambas  republicas,  nombrara  cada  una  de  ellas  tin  co- 
misario  y  un  geomelra,  que  sejuntaran  en  Natchitoches  antes  del  termino 
de  un  afio,  contado  desde  la  fecha  de  la  ratification  del  tratado.  El  infra- 
scrito  ruega  al  Sor  Sccretario  de  Estado  le  in  forme  cuando  se  vrrificara 
el  nombratniento  del  comisaiio  espresado,  por  parte  del  Presidente  de  los 
Estados  Unidos,  y  el  tiempo  en  que  probablemente  llegaia  el  comisaiio  al 
lugar  convenido. 

El  infrascrito  se  aprovecha  do  esta  oportunidad  para  rciterar  al  Sor 
Secretario  de  Estado  los  scntimientos  de  su  alta  consideration  y  respeto. 

J.  M.  MONTOYA. 


Mr.  Montoya  to  Mr.  Livingston. — Extract. 

[Translation.] 

Mexican  Legation  at  Washington, 
>  April  27,  1832. 

In  the  third  article  of  the  treaty  of  limits  it  is  agreed  that,  in  order  to 
fix  the  dividing  line  between  the  two  republics,  each  party  shall  appoint  a 
commissioner  and  a  surveyor,  who  shall  meet  at  Natchitoches  before  the 
termination  of  one  year  from  the  date  of  the  ratification  of  the  treaty. 
The  undersigned  requests  the  Secretary  of  State  to  inform  him  when 
the  appointment  of  the  said  commissioner  will  have  been  made  by  the  Pres- 
ident of  the  United  States,  and  at  what  time  the  commissioner  would 
probably  arrive  at  the  place  agreed  upon. 

The  undersigned  avails  himself  of  this  opportunity  to  repeat  to  the  Sec- 
retary of  State  the  expressions  of  his  high  consideration  and  esteem. 

J.  M.  MONTOYA. 


Mr.  Livingston  to  Mr.  Montoya. 

Department  of  State, 

Washington,  July  20, 1832. 
The  undersigned,  Secretary  of  State  of  the  United  States,  has  the  honor 
to  transmit  to  Mr.  Montoya,  charge  d'affaires  from  Mexico,  the  enclosed 
copy  of  an  act  of  the  late  session  of  Congress,  entitled  "An  act  to  provide 
for  carrying  into  effect  the  treaty  of  limits  between  the  United  States  of 
America  and  the  United  Mexican  States  ;"  and  to  acquaint  him  that  this 
Government  is  prepared  to  proceed,  conjointly  with  that  of  Mexico,  to  the 
designation  of  the  boundary  line  between  the  territories  of  the  two  Govern- 
ments. 


GO  [   Doc.  No.  42.  ] 

The  undersigned  is  instructed,  therefore,  by  the  President,  to  inquire  of 
Mr.  Mon  toy  a  whether  any  arrangements  have  been  made  on  the  part  of 
his  Government  for  proceeding,  conjointly  with  this,  to  the  designation  of 
the  line  contemplated,  or,  if  not,  to  request  that  he  will  ask  the  immediate 
attention  of  his  Government  to  this  subject. 

lie  avails  himself  of  this  occasion  to  renew  to  Mr.  Montoya  the  assu- 
rances of  his  consideration. 

EDWARD  LIVINGSTON. 

Jose  Moxtoya,  Esq. 

Chargi  iV affaires  of  the  United  Mexican  States. 


Mr.  Castillo  to  Mr.  McLane. 

Filadelfia,  Dickmbre  2  de  1833. 

El  infrascrito,  encargado  de  negocios  de  la  republica  Mexicana,  tiene 
el  honor  de  comunicar  a  S.  E.  el  Secretario  de  Estado  que  ha  recibido  una 
nota  de  su  Gobierno,  cuyo  tenor  es  el  siguicnte  : 

"  Para  dar  cumplimiento  el  Supremo  Gobierno  &  la  prevenido  en  el  arti- 
colo  3°  del  tratado  de  limites  entre  estos  y  esos  Estados,  ha  nombrado  en 
clase  de  comisario  al  Teniente  Coronel  Don  Tomis  Ramon  del  Moral,  y 
en  la  de  geometra  a  Don  Castillo  Navarro.  Y  lo  aviso  4  VS.  para  su 
conocimierito  y  que  lo  ponga  en  el  de  ese  Gobierno  es  peranclo  in  forme  si 
estan  nombrados  y  qaiencs  son  losque  por  su  parte  debeyi  concurrir  para 
fijar  la  linea  di visor ia  entre  ambos  paises." 

El  infrascrito  espera  que  el  Sor.  Secretario  de  Estado  se  sirva,  cs  mu- 
nicarle  si  su  Gobierno  ha  nombrado  ya  a  ios  individuos  que  deben  concurrir 
con  aquellos  para  fijar  la  referida  linea  divisoria,  ye  n  tal  caso  ha  de  mere- 
cer  a  S.  E.  le  indique  quienes  son  los  nombrados. 

Entretanto  tiene  la  satisfaccion  el  infrascrito  de  ofrecer  nuevamente  a  S. 
E.  las  seguridades  de  distinguida  consideracion. 

Dios  y  Iibertad. 

J.  M.  DE   CASTILLO  Y  LANZAS. 


Mr.  Castillo  to  Mr.  McLane. 

[Translation.] 

Mexican  Legation, 

Philadelphia,  December  2,  1833. 

The  undersigned,  charge  d'affaires  of  the  Mexican  republic,  has  the 
honor  of  communicating  to  the  Secretary  of  Stale  the  following  note,  which 
he  has  received  from  his  Government  : 

"The  Supreme  Government,  with  a  view  to  carrying  into  effect  the 
third  article  of  the  treaty  of  limits  between  the  Mexican  and  the  United 
States,  lias  appointed  Lieutenant  Colonel  Don  Tomas  Ramon  del  Moral 
commissioner,  and  Dun  Castillo  Navarro  surveyor.  And  I  give  you  this 
information,  in  order  that  you  may  convey  it"  to  the  Government  near 
which  you  are  accredited,  and,  at  the  same  time,  may  inquire  whether  such 
oflircrs  have  been  appointed  on  its  part  for  fixing  the  dividing  line  between 
the  two  countries,  and,  if  so,  who  they  are." 


[  Doc.  No.  42.  J 


Gl 


The  undersigned  hones  the  Secretary  of  State  will  inform  him  whether 
any  persons  have  been  appointed  by  his  Government  to  act  with  those 
named  above  in  determining  the  said  dividing  line,  and,  it  so,  what  are 
their  names. 

The  undersigned  has  the  satisfaction  of  again  presenting  to  the  Secretary 
of  State  the  assurances  of  his  distinguished  satisfaction. 

God  and  liberty.  ,  „ 

J.  M.  DE  CASTILLO  Y  LANZAS. 


Mr.  McLane  to  Mr.  Castillo. 

Department  of  State, 

Washington,  December  31,  1833. 

Sir  :  Your  letter  of  the  2d  of  this  month,  acquainting  me  that  the  Su- 
preme Government,  with  a  view  to  carry  into  effect  the  third  article  of 
the  treaty  of  limits  between  Mexico  and  the  United  States,  h;id  appointed 
Lieutenant  Colonel  Don  Thomas  Ramon  del  Moral  commissioner,  and 
Don  Castillo  Navarro  surveyor,  was  received  at  this  Department  on  the 
4th  instant.  I  have  delayed  my  answer,  however,  in  the  confident,  expect- 
ation, confirmed  by  the  assurance  contained  in  your  letter  of  the  22d  July 
last,  that  you  would  have  earlier  taken  up  your  residence  at  the  seat  of 
Government,  in  compliance  with  the  wish  of  the  President,  which  I  had 
the  honor  to  communicate  to  you  on  the  13th  of  July. 

As  it  appears  by  your  letter  of  the  22d  July,  that  you  correctly  inter- 
preted the  nature  of  the  President's  request,  I  am  bound  to  presume  that 
a  compliance  with  it  on  your  part  has  been  prevented  by  sufticient  and  un- 
avoidable causes,  although  not  made  known  to  this  Department,  and  not- 
withstanding the  reasons  for  your  presence  here,  growing  out  of  the  im- 
portant and  particular  state  of  the  relations  between  the  two  Governments. 

Under  this  belief  I  address  this  letter  to  you  at  Philadelphia  for  the 
purpose  of  inviting  your  attention  particularly  to  the  terms  of  the  third 
article  of  the  convention  of  limits  of  the  5th  day  of  April,  1831,  and  of 
inquiring  of  you  at  what  time  the  appointment  of  commissioners  by  your 
Government  was  made. 

I  have  the  honor  to  be,  with  high  consideration,  your  obedient  servant, 

LOUIS  McLANE. 

Senor  Don  J.  M.  De  Castillo  y  Lanzas, 

Charge  &  Affaires  of  Mexico. 


Mr.  Castillo  to  Mr.  McLane. — Extract. 

Legacion  Mexicana,  Filadelpia, 

<Enero  9  de  1834 

It  J 

^  tfr  4F  * 

Tocante  al  segundo  punto,  rclativo  al  nombramiento  del  Coronel  Don 
Tomas  Ramon  del  Moral  para  comisario,  y  de  Don  Castillo  Navarro  para 
geometra,  con  el  fin  de  llevar  a  efecto  lo  prevenido  en  el  articulo  tercero 


62  [  Doc.  No.  42.  J 

del  tratado  de  limitcs  cntrc  cstos  Estados  Unidos  y  los  dc  Mexico,  el 
infrascrito  ignora  en  que  fecha  fue  espedido  diclio  nombramiento ;  y  tan  solo 
pucde  decir  que  la  comunicacion  relative  que  recibio  de  su  Gobierno  es  de 
25  de  Setiembre  ultimo.  Demasiado  notarias  son  las  causas  que  ban 
contribuidi)  al  retardo,  consideradoel  termino  prefijadoen  el  citado  articulo 
del  tratado,  en  el  espresado  nombramiento  de  dicbos  comisiouados  ;  no 
obstante,  sea  pcrmitido  deciri,  por  el  credito  de  la  presente  administracion 
de  Mexico,  que  en  medio  de  las  barrascas  dc  la  guerra  civil,  de  los  terribles 
ombates  que  ba  sufrido  de  parte  de  sus  enemig*>s,  y  de  las  dificultades 
consiguientes  que  le  ban  rodeadopor.todas  partes  y  en  todos  los  instantes, 
ha  sabido,  a  pesar  de  todo,  dirijir  su  atencion  a  este  importante  asunto ; 
dando  asi,  entre  otras  muestras  laudables,  la  del  deseo  que  le  anima  por 
conservar  y  estrecbar  los  lazos  de  amistad  y  buena  armonia  que  existen 
entre  ambos  paises. 

W  w  *  ^F 


Mr.  Castillo  to  Mr.  Mc Lane. — Extract. 

[Translation.] 

Mexican  Legation,  Philadelphia, 

January  9,  1835. 

*fc  ^F  ^  tv 

As  to  the  second  subject  treated  in  the  note,  respecting  the  appoinments 
of  Colonel  Don  Tomas  Ramon  del  Moral  as  commissioner,  and  Don  Cas- 
tillo Nr.varro  as  geometer,  for  carrying  into  execution  the  third  article  of 
the  treaty  of  limits  between  the  United  States  and  those  of  Mexico,  the 
undersigned  cannot  say  at  what  date  those  appointments  were  made  ; 
and  can  only  declare  that  the  despatch  received  by  him,  respecting  the 
same,  bore  date  the  25th  of  last  September.  The  causes  which  have  pro- 
duced the  delay  beyond  the  period  fixed  in  the  above-mentioned  article  are 
well  known  ;  still  the  undersigned  must  be  permitted  to  say,  for  the  credit  of 
the  present  Mexican  administration,  that,  in  the  midst  of  the  political  storms 
of  civil  war,  of  terrible  battles  with  its  enemies,  and  of  difficulties  ensuing 
thereon,  despite  all  this,  it  has  directed  its  attention  to  this  important  busi- 
ness, giving  proof  in  this,  as  well  as  other  laudible  acts,  of  its  desire  to 
draw  still  more  closely  the  bonds  of  friendship  and  harmony  now  existing 
between  the  two  countries. 

*  nv  *  ^fr 


Mr,  Castillo  to  Mr.  McLane. 


Legacion  Mexican  a, 

Washington,  Mayo  26  de  1854. 
El  infrascrito,  encargado  de  negocios  de  los  Estados  Unidos  Mexicanos, 
tiene  el  honor  de  comunicar  al  honorable  Sor  Louis  McLane,  Secretario 
de  Estado  de  cstos  Estados  Unidos,  que  ha  recibido  orden  de  su  Gobierno 


[  Doc.  No  42.  ]  G3 

de  manifestar  que  el  no  halla  motivo  para  hacer  variation  alguna  en  el 
tratado  dc  limit.es ;  y  que  impuesto  que  por  parte  de  ambas  republicas  se 
ha  publicado  ya  este  y  rige  como  una  ley,  no  resta  otra  coaa  sin  que  los 
respectivos  comisionados  proccdan  a  hacer  la  demarcacion  :  que  es  verdad 
que  por  las  graves  y  ejecutivas  atenciunes  que  lian  rodeado  al  Gobierno  de 
Mexico  no  debia  podklo  proceder  a  csa  demarcacion  en  al  termino  cstipu- 
lado;  mas  que  esta  no  debe  alterar  de  ningun  modo  la  negotiation  que 
quedo  enteramente  concluida  ;  mucho  mas  no  habiendo  cstado  cxpeditas  el 
comisario  y  geomctra  de  esta  republica,  pues  aunque  liabian  sido  nom- 
bradoa  cotno  Io  fneron  en  aquclla,  el  uno  en  31  dc  Julio,  y  el  otro  en  24  de 
Setiembre  del  ano  anterior,  no  llcgaron  a  emprender  en  viage  :  que  afin 
pues  de  dar  cumplimicnto  al  diclio  tratado,  en  la  parte  que  no  lo  ha  tcnido, 
bastaria  que  se  prorogue  el  termino  para  la  reunion  de  dichos  comisiona- 
dos, cuya  aui])liacion  podraconvenirse  cntre  la  persona  que  el  Gobierno  dc 
estos  Estados  Cnidos  por  una  parte,  autorize  competentemente  al  el'ecto,  y 
por  la  otra,  el  infrascrito,  a  quien  su  Gobierno  le  promote  remitir  por  el 
proximo  remo  paquete  de  Vera  Cruz,  en  el  mes  entranto  el  pleno  poder 
necesario. 

Este  espediente  dirigido  a  remedial'  oportunamente  la  falta  inevitable 
que  lia  habido  en  el  cumplimicnto  del  mencionado  tratado,  es  el  mas 
uncilloj  y  conforme  ademas  al  que  el  Sr.  McLane  se  sirve  indicar  ver- 
balmente  al  infrascrito  como  el  mas  conveniente  en  conferencia  amistosa 
sobre  la  materia. 

El  infrascrito  espera  que  el  Sr.  McLane  tendra  a  bien  instruir  le  de  la 
resolucion  de  este  supremo  Gobierno  sobre  la  referida  medida  que  se  pro- 
pone, y  cuidara  por  su  parte  de  participar  al  mismo  asi  debido  tiempo 
babcr  recibido  al  pleno  j>oder  de  que  ha  hecho  mencion;  y  entretanto  ticne 
el  honor  de  reproducir  al  Sr.  McLane  las  seguridades  de  su  muy  distin- 
guida  consideracion. 

J.  M.  DE  CASTILLO  Y  LANZAS. 

Al  Honorable  Sr.  Louis  McLane,  fya. 


Mr.  Castillo  to  Mr.  McLane. 

[Translation.] 

Mexican  Legation, 

Washington,  May  26,  1834. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  has 
the  honor  to  inform  the  Hon.  L.  McLane,  Secretary  of  these  United 
States  that  he  has  received  orders  from  his  Government  to  state  that  it 
has  no'  motive  for  altering  the  terms  of  the  treaty  of  limits  between  the 
two  republics  in  any  respect;  that  this  treaty,  having  been  formally  pub- 
lished, has  the  force  of  law,  nothing  remaining  but  that  the  respective 
commissioners  should  proceed  in  laying  down  the  line  of  division  :  that, 
indeed,  the  serious  difliculties  with  which  the  Mexican  Government  has 
lately  had  to  contend  has  hitherto  prevented  this  demarcation  from  being 
made ;  but  that  these  circumstances  should  not,  in  any  way,  affect  the 
results  of  the  negotiation  concluded  ;  the  more  so,,  as  the  couamissionere 


64  [  Doc.  No.  42.  ] 

and  surveyor  of  the  United  States,  although  appointed  the  one  on  the  31st 
of  July  and  the  others  on  the  24th  of  September  last,  have  not  yet  pro- 
ceeded on  their  journey  to  the  place  of  operations.  Finally,  that,  as  in 
order  to  carry  into  effect  all  the  parts  of  said  treaty  which  remain  un- 
executed, nothing  more  is  necessary  than  to  extend  the  term  for  the  meet- 
ing of  the  commissioners,  such  extension  may  be  made  by  agreement 
between  any  person  whom  the  United  States  may  authorize  on  their  part, 
and  the  undersigned  on  that  of  the  Mexican  Government,  which  has  prom- 
ised to  furnish  him  with  full  powers  to  that  effect  by  the  packet  which  is 
to  leave  Vera  Cruz  on  the  first  of  next  month. 

Such  an  expedient  for  remedying  the  delay  in  the  execution  of  the  said 
treaty,  which  has  been  caused  by  inevitable  circumstances,  is  certainly 
the  most  rational  :  besides  which,  it  conforms  with  what  Mr.  McLane  was 
pleased  to  say  verbally  to  the  undersigned  in  a  friendly  conference  on  the 
subject. 

The  undersigned  hopes  Mr.  McLane  will  let  him  know  the  intentions 
of  this  Government  with  respect  to  this  business ;  and  he  will,  on  his  own 
part,  inform  the  Secretary  of  State,  as  soon  as  he  shall  have  received  the 
full  powers  referred  to  above.  Mean  while  he  has  the  honor  to  repeat  to 
Mr.  McLane  the  assurances  of  his  most  distinguished  consideration. 

J.  M.  CASTILLO  Y  LANZAS. 

To  tke  lion.  Lons  McLane, 

Secretary  of  Stale. 


TJie  Minister  of  Foreign  Affairs  of  Mexico  to  the  Secretary  of  State 
of  the  United  States. 

Palacio  del  Gobierno  Federal, 

Mexico,  Octubre  21  de  1834. 

E!  infrascrito,  Secrctai  io  de  Estado  y  del  Despachode  Relacionesdelos 
E.  U.  Mexicanos,  tienc  el  honor  dedirigirse  al  Sor.  Secretariode  Estado  de 
igual  dqiartaniento  en  los  E.  U.  de  America,  manifestandole  que  si  bien 
las  circunslancias  politicaa  en  que  se  ha  hallado  estas  republica,  ban 
impedido  que  por  parte  de  su  Gobierno  tubiese  efecto  la  reunion  en 
Natchitoches  de  los  comisarios  y  geometras  de  las  dos  nr.ciones,  para  los 
efectos  i  que  se  contra  el  articulo:3°  del  tratado  de  limites  concluido  entre  las 
mismas  en  el  aiio  de  1832,  y  en  el  termino  que  en  el  se  designa,  sus 
deseos  no  han  sido  otros  que  los  de  contribuir  a  que  eeta  importante 
negociacion  se  concluyesecuantojantes  fuese  posiblc ;  y  a  csteefecto  nombra 
oportunamente  a  los  individuos  que  por  su  parte  debian  concurrir  a  la 
designation  de  los  limites  respectivos,  Jo  que  no  llego  a.  tener  efecto,  por  la 
dimision  que  hicieron  de  esta  comision. 

Asi  pues  S.  E.  el  Prcsidente  la  nombrado  ya  otras  sugetaa  que  a  la 
mayor  brevedad  se  hallaran  en  Natchitoches;  pero  para  que  puedan 
procedcr  4  sus  trabajos  en  union  de  los  que  nomb/e  ese  Gobierno  ha 
investido  conplenos  podcres  al  Sor.  Don  Joaquin  M.  de.1  Castillo  y  Lanzas 
A  efecto  de  que  prom  ucva  y  fije  como  corresponde  un  nut  wo  plazo  para  que 
tenja  efecto  la  reunion  de  quese  habla  en  el  articulo  5°  del  tradado.de  1838, 
en  \  irtud  de  haber  tra.nscurrido  el  i'o  un  ano  que  en  el  se  sefn  ilado.    Y  S.  E. 


[  Doc.  No.  42.  ]  65 

no  duda  que  por  parte  del  Gobicrno  Supremo  de  Washington  no  habra  la 
menor  dificultad  para  celebrar  dicho  convenio  &  cuyo  efecto,  |i&  prevenidb' 
al  infrascrito  dirijir  esta  comunicacion  al  Sr.  Secretario  de  Relaciones 
de  los  Estados  Unid-os  del  Norte  suplicandole  se  sirvir  inlluir  por  su  parte 
para  el  logro  del  objeto  espresado  que  contribuira  tanto  a  estrechar  las 
relaciones  de  amistad  y  benevolcncia  que  existen  entre  las  dps  republicas. 

El  infrascrito  aprovecha  esta  oportunidad  paratributar  al  Sr.  Secretario 
de  Relaciones,  eon  quien  habla  las  protestas  de  la  mas  distinguida  considc- 
racion  con  que  sc  subscribe 

Su  muy  obedicnte  scrvidor, 

FRANCISCO  M.  LOMBARDO. 

Al  Extno.  Sr.  Secretauio  de  Estado,  <£*a. 


The  Minister  of  Foreign  Affairs  of  Mexico   to  the  Secretary  of  State 

of  the  United  States. 

[Translation.] 

Palace  of  the  Federal  Government, 

Mexico,  October  21,  1834. 
The  undersigned,  Secretary  of  State  and  of  Relations  of  the  United 
Mexican  States,  has  the  honor  to  address  the  Secretary  of  State,  of  the 
United  States  of  America,  informing  him  that  although  the  political  cir- 
cumstances in  which  this  republic  is  placed  have  prevented  its  Govern- 
ment from  providing  for  the  meeting  at  Natchitoches  of  the  commis- 
sioners and  surveyors  of  the  two  nations,  according  to  the  terms  of  the 
third  article  of  the  treaty  of  limits,  concluded  in  the  year  1832,  within 
the  period  there  stated,  yet  it  has  constantly  desired  to  have  this  im- 
portant affair  terminated  as  soon  as  possible  ;  and,  indeed,  to  that  effect  it 
did  appoint  persons  on  its  part  to  proceed  to  the  said  designation  of  limits, 
which  could  not,  however,  take  place  on  account,  of  the  dismissal  of  the 
individuals  chosen.  His  excellency  the  President  has  since  appointed 
other  persons,  who  will  go  without  delay  to  Natchitoches  ;  but  in  order 
that  they  may  proceed  in  union  with  those  of  the  United  States,  he  has 
given  full  power  to  Don  J.  M.  del  Castillo  y  Lanzas  to  fix  upon  a  new 
period  for  the  meeting  arranged  by  the  3d  article  of  the  treaty  of  1832, 
as  the  year  therein  mentioned  has  passed.  And  his  excellency,  not  doubt- 
ing that  the  Supreme  Government  at  Washington  will  have  no  difficulty 
in  agreeing  to  this  proposition,  has  directed  the  undersigned  to  address 
the  present  communication  to  the  honorable  Secretary  of  Slate  of  the 
United  States,  and  to  request  him  to  use  his  influence  for  the  attainment  of 
this  important  object,  which  would  contribute  so  essentially  io  strengthen 
the  relations  of  amily  and  good  will  now  subsisting  between  the  two 
nations. 

The  undersigned  embraces  this  opportunity  to  assure  the  Secretary  of 
State  of  the  United  States  of  his  most  distinguished  consideration. 

FRANCISCO  DE  LOMBARDO. 
5 


CG  [  Doc.  No.  42.  J 

Mr.   Castillo  to  Mr.  Forsyth. 

Legacion  Mexicana, 

Filadeljia,  Dicembre  4  de  1834. 

El  infrascrito,  cncargado  de  ncgocios  de  Ios  Estados  Unidos  Mexi- 
canos,  ticnc  cl  honor  dc  comunicar  al  honorable  Sr.  Forsyth,  Secretario 
dt-  Estado  en  cstos  Estados  Unidos,  que  en  cl  mes  de  Mayo  del  presentc 
afio,  a  conscquencia  de  lo  convenido  en  la  ultima  entrevista  con  su  ante- 
cesor  cl  Si'.  Louis  M(  Lane,  en  relation  al  tratado  de  limilespendienteentre 
ambos. paists,  uivocl  gusto  de  dirigir  a  dicho  Sr.  McLaneen  26  del  mismo 
mes,  ana  nota  a  la  cual  se  toma  la  coniianza  de  refer ir  al  Si".  Forsyth  ;  de- 
biendo  advertir  al  mismo  tiempo  (jue  ya  por  las  prcfe  rentes  atenciones  de 
cstc  Gobierno  en  aquellos  dias  y  ya  posteriamente,  por  la  ausencia  de  la 
mayor  parte  de  sus  individuos  no  se  ha  dirigido  hastala  fecha  a  esta 
legacion  Ja  respuesta  que  esperaba  segun  se  le  hube  dc  prometer  verbal- 
mente. 

Consequente  al  expedients  de  quehabla  la  referida  nota,  per  el  cual  opina 
el  Gobierno  Mexicano  y  que  cs  conlbrmc  ademas  (segun  se  dea  en  la 
misma)  con  lo  que  el  Sr.  McLan©  se  servio  indicar  de  palabra  al  infra- 
scrito ;  y  consequente  tambien  a  lo  que  este  ofrecio  en  aquel  cntonces  tiene 
ahora  el  honor  de  participar  al  Sr.  Forsyth  (jue  ha.  recibido  uitimamente 
el  pleno  poder  que  a  guardaba  dc  su  Gobierno,  a  fin  de  proccder  a  la 
negociacion  de  un  articulo  adicional  al  precitado  tratado. 

Una  ligera  indisposicion  impide  al  infrascrito  dc  jtasar  tan  luego  como 
quisicra  a  csa  cjudad  federal,  para  tener  la  satisfaccion  de  entregar 
jiersonalmcntc  al  Sr.  Forsyth  la  carta  que  para  6l  se  ha  servido  remitii-lc 
su  Gobierno,  al  acompaiiar  el  rcferido  pleno  poder,  y  jiara  presentar  este 
instrnincnto,  medianteel  cual  noduda  se  lograra  allanarlaunica  dificultad 
cxistente  ahora  para  el  a-rreglo  dehnitivo  do  los  limites  entre  ambas 
republicas. 

llesjiccto  de  los  comisionados,  al  cfecto  el  infrascrito  debe  noticiar  al 
Sr.  Forsyth  que  a  consequencia  de  liaber  liecbo  dimision  de  sus  destinos  I03 
que  fuernn  nombrados  anteriormente,  y  dc  los  (jue  cl  infrascrito  tuvo  el 
honor  de  dar  conocimiento  a  este  Gobierno  en  su  nota  de  £  de  este  mes  del 
ano  proximo  pasado,  el  Supremo  de  Mexico  ha  tenido  a  bien  nombrar  en 
reemplazo  dc  aquellos  al  Sr.  Coronel  Don  Juan  Nepomuceno  Almonte  para 
comisaiio,  y  al  Teniente  Coronel  I3on  Pedro  Garcia  Conde  para  geomctra. 

El  infrascrito  esperaquc  el  Sr.  Forsyth  tendra  a  bien  participar  el  con- 
tenido  de  esta  nota  a  S.  E.  el  Presidente  de  los  Estados  Unidos,  6  instruir 
dc  lo  queen  vista  de  ella  acord&re  S.  E.  al  mismo  infrascrito,  a  fin  de  que 
aprovechando  el  conducto  del  paquete  que  esta  proximo  k  salir  con  direc- 
cion  a  Vera  Cruz  pueda  informar  a  su  Gobierno  dc  todo  lo  convenicute 
sobre  la  materia. 

Entretanto  el  infrascrito  tiene  el  honor  de  reiterar  al  Sr.  Forsyth  las 
protestas  seguridades  dc  su  muy  distinguida  consideracion. 

J.  Ml.  i)E  CASTILLO  Y  LANZAS. 

The  Hon.  Sr.  J.  Fousytii. 


[    Doc.  No.  42.  ]  67 

Mr,  Castillo  to  Mr.  Forsyth. 

[Translation.] 

Mexican  Legation, 

rhiladelphiuj  December  4,  1834. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  has 
the  honor  to  communicate  to  the  Hon.  John  Forsyth,  Secretary  of  State 
of  these  United  States,  that  in  the  month  of  May  last,  in  consequence  of 
what  was  agreed  to  between  himself  and  the  Hon.  Louis  McLane,  at  an 
interview  relative  to  the  treaty  of  limits  now  pending  between  the  two 
countries,  he  had  the  pleasure  to  address  a  note  to  Mr.  McLane,  to  which 
he  now  takes  the  liberty  to  refer  Mr.  Forsyth  ;  it  is  dated  the  26th  May, 
1834.  He  must  however  observe  that  on  account  of  the  pressing  concerns 
of  his  Government  at  that  time,  and  from  the  absence  of  most  of  its  mem- 
bers more  latterly,  the  answer  which  he  expected  and  which  had  been  ver- 
bally promised  him,  has  not  till  this  date  reached  this  legation , 

In  consequence  of  the  despatch  mentioned  in  said  note,  by  which  the 
Mexican  Government  expresses  its  opinion,  and  which  is  moreover  con- 
formable (as  declared  in  it)  with  the  verbal  notice  given  by  Mr.  McLane  ; 
and  in  consequence  of  the  offer  made  at  that  time  by  him,  he  has  the  honor 
to  inform  Mr.  Forsyth  that  he  lias  lately  received  the  full  power  which  he 
expected  from  his  Government,  to  proceed  to  the  negotiation  of  an  addi- 
tional article  of  the  said  ty'eaty. 

A  slight  indisposition  prevents  the  undersigned  from  going  to  the  Federal 
city  as  soon  as  he  could  wish,  in  order  to  deliver  to  the  Hon.  John  For- 
syth in  person  that  which  his  Government  has  sent  for  him,  together  with 
the  said  full  power,  and  to  present  this  document,  by  means  of  which  he 
doubts  not  that  he  shall  be  able  to  destroy  the  only  difficulty  now  existing 
against  the  definitive  settlement  of  the  limits  between  the  two  countries. 

As  to  the  commissioners,  the  undersigned  must  inform  the  Hon.  John 
Foi.syth  that  the  persons  who  were  formerly  appointed,  and  of  whom  the 
undersigned  had  the  honor  to  notify  this  Government  in  his  note  of  the  2d. 
of  December,  1833,  having  resigned  their  offices,  the  Supreme  Government 
of  Mexico  has  appointed  in  their  places  Colonel  Don  Juan  Nepomuceno 
Almonte  as  commissioner,  and  Lieutenant  Colonel  Don  Pedro  Garcia 
Conde  as  mathematician. 

The  undersigned  hopes  the  Hon.  John  Forsyth  will  submit  this  letter 
to  the  President  of  the  United  States,  and  inform  the  undersigned  of  his 
excellency's  determination  with  regard  to  it,  in  order  that  he  may  take 
advantage  of  the  packet  which  is  now  nearly  ready  to  sail  for  Vera  Cruz, 
to  inform  his  Government  on  the  subject. 

The  undersigned,  mean  while,  &c. 

J.  M.  CASTILLO  Y  LANZAS. 

Hon.  John  Forsyth. 


Mr.  Forsyth  to  Mr.  Castillo. 

Department  of  State, 

Washington,  December  11,  1834. 
The  undersigned,  Secretary  of  State  of  the  United  States,  has  the  honor 
to  acknowledge  the  receipt  of  the  note  of  Mr.  Castillo,  charge  d'affaires 
of  Mexico,  dated  the  4th  instant. 


G8  [  Doc.  No.  42.  ] 

In  reply,  Hie  undersigned  has  tlie  honor  to  inform  Mr.  Castillo  that  it 
is  apparent  from  the  contents  of  his  note,  there  has  been  a  misapprehen- 
sion on  the  subject.  The  undersigned  has  therefore  now  the  honor  to  ac- 
quaint Mr.  Castillo  that  on  the  i3th  of  January  last,  Mr.  Butler,  the 
charge  d'affaires  of  the  United  States  at  Mexico,  was  empowered  and  in- 
structed to  negotiate  a  second  additional  article  to  the  treaty  of  limits  be- 
tween the  two  countries,  for  the  purpose  of  extending  the  time  originally 
fixed  for  the  meeting  of  the  commissioners  and  surveyors.  Mexico  was 
preferred  as  the  seat  of  the  negotiation,  because  it  was  deemed  desirable 
to  obtain  the  ratification  of  the  Mexican  Government  to  the  article  before 
forwarding  it  for  ratification  by  this  Government.  Owing  to  accident,  how- 
ever, the  instruction  and  power  adverted  to  were  not  received  by  Mr.  Butler 
until'  the  first  of  July  last,  at  which  time  the  Mexican  Congress  was  not  in 
session.  It  is  understood  that  it  will  meet  again  on  the  first  of  January- 
next.  Mr.  Castillo  will  perceive  that,  as  arrangements  have  been  made 
bv  this  Government  for  the  negotiation  of  the  additional  article  at  Mexico, 
and  there  is  reason  to  conclude  that  progress  has  been  made,  it  is  inexpe- 
dient and  unnecessary  to  enter  upon  one  here  for  the  same  object. 

The  undersigned  has  the  honor  to  rene  »v  to  Mr.  Castillo  the  assurances 
of  his  most  distinguished  consideration. 

JOHN  FORSYTH. 

Senor  Don  J.  M.  db  Castillo  y  Lanzas, 

Charge  d'affaires  of  Mtccico. 


Mr.   Castillo  to  Mr.  Forsyth. 

Legacion  Mexicaka,  Filadelfia,  Dlciembre  15,  1834, 
El  infrascrito,  encargado  de  negocios  de  los  Estados  Lnidos  Mexicanos, 
tieneel  honor  deacusar  rccibo  delanota  del  honorable  Secretario  de  Esta- 
do,  Senor  Juan  Forsyth,  de  1 1  del  presente  mes  en  contestacion  a  la  suya  de 
4  del  mismo,  y  en  vista  de  ella  pasa  a  haccr  algunas  observaciones  con  el 
objeto  de  ilustrar  mas  la  materia  en  cuestion,  y  cuniplir  con  loque  de  cl 
rcsigen  los  intereses  de  su  patria  ya  que  por  causas  lamentables  que  no  es 
del  caso  rcpetir  ahora  tuvieron  que  desatenderse  en  los  ultimos  afios  que 
ban  precedido. 

Per  la  nota  del  infrascrito  al  Sr.  Louis  McLane,  escrita  en  esa  ciudad 
a.  26  de  Mayo  ultimo,  y  a  la  cual  ha  tenido  el  honor  de  llamar  la  atencion 
del  Sr.  Forsyth,  es  constant 6  que  el  Gobierno  Mexicano  habra  juzgado 
oportuno,  desde  principios  del  aHo  que  cst&  para  finarque  se  prornga  se  el 
termino  para  la  reunion  de  las  comisionadas  de  unay  otra  parte  encargadas 
de  demarcar  la  linea  divisoria  cntrc  ambas  republican,  sin  Racer  al  mismo 
tiempo  variacion  alguna  en  cl  tratado  relativo,  por  cuanto  este  rige  como 
ley  ;  medida  en  que  estaba  conforme  cl  Gobierno  de  cstos  Estados  Unidos 
y  que  de  consiguiente  no  podia  presentar  tropiezo. 

En  la  Diisma  nota  citada,  participaba  tambieh  el  infrascrito  6,  dicho  Sr. 
McLane,  que  su  Gobierno  le  ofrecia  remittir  le  pronto  el  pleno  poder  ne- 
cesario  para  llcvar  4  efecto  aquella  ;  y  que  (an  luego  como  recibiera  ese 
instruniento,  lo  pondria  en  conocimiento  de  este  Gobierno  para  los  fines 
necesarios  :  asi  lo  livro  habieudo  sido  ese  el  objeto  de  su  nota  de  4  del  cor- 
riente  al  Sr.  Forsyth. 


[  Doc.  No.  42.  ]  G9 

Por  la  contestation  con  que  ha  sido  honradoel  infrascrito,  sc  deduce  que 
cl  Sr.  Forsyth  considera  que  ha  habido  alguna  faltii  de  inteligcncta  sobre 
el  asunto  fundandose  esta  opinion  en  que  habiendose  remitido  lospodepea  y 
las  instruccioncs  cOnvenientes  al  Sr.  Butler,  encargado  de  negocios  dc 
los  Estados  Unidos  en  Mexico,  para  negociar  el  2°  articulo  adicional  el 
tratado  dc  li mites,  y  que  debiendo  diducirse  que  se  liabra  hubo  yd  algun 
progreso  en  esa  negociacion  en  aquel  pais,  no  puede  ser  necesario  ni  opor- 
timo  cntrar  en  e!la  aqui  sobre  el  mismo  asunto. 

Pues  ahora  bien,  no  puede  el  infrascrito  comprender  como  es  (pic  habiendo 
sido  la  mente  de  su  Gobierno,  desde  principios  del  prescnte  afio,  como  ha 
dicho  ya  que  la  referida  negociacion  se  proraoviese  por  61  en  este  pais, 
admitirse,  sin  embargo,  sin  observation  alguna,  en  epoca  mas  avansada  los 
poderes  que  al  mishio  fin  fueron  vermitidos  al  Sr.  Butler  por  este  Gobierno. 
Y  suponiendo  que,  eu  efecto,  los  hubiera  admitido  en  el  mes  de  Julio  segun 
se  sirve  decir  el  Sr.  Forsyth  parece  sumamentc  extraordinario  que  des- 
pues  de  esa  en  21  dc  O-ctu'ore  ultimo,  cs  decir  cerca  de  cuatro  meses  mas 
tarde,  se  le  hubiese  ocurrido  remitir  al  infrascrito  el  poder  y  las  instruc- 
cioncs precisas  que  ha  recibidoen  estos  dias,  confiando  no  solo  en  que  sena 
admitido  aquel  de  luego  a  luego,  sino  que  ademas  tendria  a  bien  el  Sr. 
Secretario  de  Estado  infiuir  por  su  parte  para  la  consecucion  del  I'm  &  que 
dicho  instrumeuto  sc  dirige  ;  y  con  esta  mira  ha  tenido  &  bien  cl  Sr.  Min- 
istro  de  Relacinnes  de  Mexico  adjuntar  una  nota  al  infrascrito,  para  el  Sr. 
Secretario  de  Estado,  segun  ha  dejado  manifestado  aquel  en  su  nota  yd  cita- 
da  de  4  del  corriente,  agregando  que  tendria  la  satisfaction  deponerla  per- 
sonalmente  en  mano  del  Sr.  Forsyth,  en  cuanto  se  hubiera  requesto  de  una 
ligera  indisposicion  de  que  adolecia,  y  de  la  cual  espera  estar  libre  en 
breves  dias. 

En  resumidas  ciientas,  el  Gobierno  Mexicand,  en  su  comunicacion  ulti- 
ma al  infrascrito,  de  21  de  Octlibre,  de  este  and,  ni  mencion  ban  dc  que  el 
Sr.  Butler,  le  hr.ya  presentado  poder  alguno,  6  avisadole  siquiera  del  re- 
cibo  de  semijante  instrumeuto,  para  entablar  negociacion  alguna  sobre  el 
articulo  adicional  al  tratado  de  limites,  y  estoen  opinion  del  que  subscribe, 
parea  mostrar  cuando  menos  (pie  aquel  Gobierno  ha  preferido  siempre  se 
iniciase  en  este  pais  la  referida  negociacion  ;  pues  ciertamente  si,  como 
sorpecha  el  Sr.  Forsyth,  se  hubiera  entrado  ya  en  ella  por  parte  de!  Sr. 
Butler,  habria  sido  del  todo  escusado,  (y  el  Gobierno  Mexicano  asi  lo  con- 
sideraria  sin  duda,)  que  se  entablase  tambien  con  este  Gobierno,  y  en  tal 
caso  extarian  por  demas  las  instrucciones  y  el  poder  que  el  infrascrito  ha 
recibido. 

En  que  pues  dirase  que  puede  consisterla  falta  de  inteligencia  en  este 
asunto  ?  Ella  en  todo  cuento  parea  trivial,  considerado  la  importancia  del 
negocio,  cuya  resolution  final  debe  contribuir  en  gran  manera  «i  cstraehar 
las  relaciones  de  amistad  y  buena  armonia  que  ecsisten  entre  las  dos 
republicas. 

En  virtud  de  esta  ultima  consideracion,  y  por  cuanto  parece  bastantc 
palpable  que  nada  sc  ha  hecho  liasto  ahora  en  Mexico  en  la  negociacion  del 
mencionada  articulo  ;  atendierido  ademds  a-  que  de  no  entrar  en  ella  ahora 
se  perdera  largo  tiempo,  sicudo  como  es  pruisa  la  concurrcncia  del  Legis- 
lativo  en  el  asunto,  y  que  los  sesiones  del  actual  Congreso  en  M  ashington 
deben  terminar  a  principios  de  Marzo,  y  las  de  las  Caraaras  en  Mexico  5, 
mediados  de  Abril,  no  dejandb  asi  el  tiempo  necesario  para  que  sc  achara 
la  falta  de  inteligencia  que  advierte  el  Sr.  Forsyth,  y  se  concluya  con  la 


70  [  Hoc,  No.  42.  ] 

expedition  que  era  do  desearse  la  ncgociacion  del  referido  articulo  adicion- 
al ;  no  puede  menos  de  proineterse  el  infrascrito  que,  obsequiando  el  jnsto 
anhelo  dc  hi  Gobiernn,  y  a  fin  de  terminal-  nn  asunto  imiy  deferido  ya, 
tendra  ;V  bien  el  de  estos  Estados  tJnidos  admitirle  el  pleno  poder  que  con 
esc  objeto  ha  recibido,  segun  tierie  dicho,  y  1c  permitira,  que  promueva 
desde  luego  el  2°  articulo  adicional  quese  lia  cstimado  neccsario  j>or  am- 
bus Gobiernos  se  agregue  al  tratado  de  H mites  ecsistente,  para  que  con- 
venidos  en  los  terminus  de  el  aqui,  y  ratificado  a  la  mayor  brevedad  en 
Mexico,  se  procerfa  por  los  coraisionados  respectjvos  dc  ambos  paises,  en 
el  piano  nuevamente  estipulado,  A  la  demarcacion  de  li mites. 

El  infrascrito  confia  en  que  vista  de  la  declaracion  que  precede,  este  Go- 
bierno  no  hallara  inconvenicnte  en  conformarse  con  los  dcseos  que  mani- 
festa  a  nombre  del  suyo  ;  y  abundajido  en  esta  esperanza,  tiene  el  honor  de 
reproducir  al  Sr.  Forsyth  las  protestas  desu  mas  distinguida  consideracion. 

J.  M.  DE  CAST/,\LO  Y  LANZAS. 


Mr.  Castello  to  Mr.  Forsyth. 

[Translation.] 

Mexican  Legation, 

Philadelphia,  December  15,  1834. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  has 
the  honor  to  acknowledge  the  receipt  of  the  note  of  the  honorable  Secretary 
of  State,  Mr.  Forsyth,  dated  the  11th,  in  answer  to  his  of  the  4th  instant, 
and  he  proceeds  to  make  some  observations  thereupon,  for  the  purpose  of 
further  illustrating  the  matter  in  controversy,  and  to  fulfil  what  maybe 
required  in  relation  thereto  by  the  interests  of  his  country,  which,  owing  to 
lamentable  causes,  to  which  it  is  unnecessary  now  to  advert,  have  been 
disregarded  for  the  few  last  years. 

It  appears  by  the  note  which  the  undersigned  addressed  to  Mr.  Louis 
McLane  from  this  city  on  the  £Glh  of  May  last,  to  which  lie  has  had  the  honor 
to  invite  the  attention  of  Mi1.  Forsyth,  that  the  Mexican  Government  had 
deemed  it  expedient,  from  the  beginning  of  the  year  now  about  to  end,  that 
the  time  fixed  for  the  meeting  of  the  commissioners  of  both  parties  charged. 
with  tracing  the  boundary  line  between  the  two  republics  should  be  pro- 
longed, but  that  no  change  should  be  made  in  the  treaty  upon  the  subject, 
inasmuch  as  that  had  the  force  of  law,  was  a  measure  to  which  the  Gov- 
ernment of  the  United  States  had  acceded,  and  to  which  it  consequently 
ought  not  to  oppose  any  hindrance. 

The  undersigned  al:o  acquainted  Mi'.  McLane,  in  the  aforesaid  note, 
that  his  Government  promised  to  se;.:d  him  soon  the  pdwer  necessary  to 
carry  into  effect  that  object,  and  that,  as  soon  ;\s  he  should  receive  it,  he 
would  communicate  it  to  this  Government  for  the  necessary  purposes,  as 
lie  has  done,  tiiat  having  been  the  object  of  his  note  to  Mr.  Forsyth  of  the 
4th  distant. 

It  is  inferred  from  the  answer  with  which  the  undersigned  has  been  hon- 
ored, that  Mr.  Forsyth  considers  there  has  been  some  misapprehension  on 
the  subject ;  because  the  necessary  powers  and  instructions  having  been 


[  Doc.  No.  42.  ]  71 

transmitted  to  to  Mr.  Butler,  charge  d'affaires  of  the  United  States  at 
Mexico,  to  negotiate  a  second  additional  article  to  the  treaty  of  limits,  and 
there  being  reason  to  believe  that  some  progress  bad  already  been  made  in 
the  negotiation  in  that,  country,  it  could  not  be  necessary  or  expedient  to 
enter  upon  a  negotiation  here  for  the  same  object. 

Now,  the  undersigned  cannot  comprehend  now  it  is,  that,  as  he  has  al- 
ready said,  the  purpose  of  his  Government  having  been,  from  the  begin- 
ning of  this  year,  to  carry  on  the  negotiation  in  ibis  country,  the  powers 
and  instructions  sent  by  this  Government  to  Mr.  Butler  for  the  same  ob- 
ject should,  nevertheless,  be  received  at  a  more  advanced  period,  without 
any  remark.  And,  even  supposing  that  they  were,  in  fact,  received  in  the 
month  of  July,  a.s  Mr.  Forsyth  has  been  pleased  to  say,  it  seems  to  be  in 
the  highest  degree  extraordinary  that,'  subsequently  to  this,  on  the  £lst  of 
October  last,  that  is  to  say,  nearly  four  months  later,  the  positive  powers 
and  instructions  which  the  undersigned  has  received  within  a  few  days, 
should  have  been  forwarded  to  bin!  under  the  belief  that  they  would  not 
only  be  promptly  recognised  by  this  Government,  but  that  the  Secretary 
of  State  would  sec  tit  to  take  measures,  on  his  part,  to  carry  into  effect  the 
object  of  the  said  instrument.  With  this  view,  the  Minister  of  Foreign 
Relations  of  Mexico  has  thought  proper  to  enclose  a  note  to  the  undersigned 
for  the  Secretary  of  State,  as  has  already  been  stated  in  the  note  of  the  un- 
dersigned of  the  4th  instant,  which  added  that  he  would  have  the  satisfac- 
tion to  deliver  it  in  person  to  Mr.  Forsyth  so  soon  as  he  should  have  re- 
covered from  a  slight  indisposition  with  which  he  was  afflicted,  and  from 
which  he  hoped  to  be  free  in  a  few  days. 

The  Mexican  Government,  in  its  last  communication  to  the  undersigned 
of  the  21st  of  October  of  this  year,  neither  mentions  that  Mr.  Butler  had 
presenter!  any  power,  nor  that  he  had  apprized  it  that  he  had  received  such 
an  instrument  for  the  purpose  of  setting  on  foot  any  negotiation  upon  the 
subject  of  an  additional  article  to  the  treaty  of  limits  ;  and  this,  in  the 
opinion  of  the  undersigned,  shows  still  more  clearly  that  that  Government 
has  constantly  preferred  that  the  negotiation  in  question  should  be  begun  in 
this  country/  Certainly,  then,  if,  as  Mr.  Forsyth  suspects,  the  negotiation 
had  already  been  entered  upon  with  Mr.  Butler,  there  would  have  been  no 
need  of  also  beginning  a  negotiation  with  this  Government,  (and  the  Mexi- 
can Government  would  no  doubt  have  so  thought ;)  and,  in  that  event,  the 
instructions  and  power  which  the  undersigned  has  received  would  have 
been  superfluous. 

In  what  then  can  the  misapprehension  be  said  to  consist  ?  At  all  events, 
it  appears  to  be  trivial,  considering  the  importance  of  the  business,  the 
final  conclusion  of  which  would  so  greatly  contribute  to  strengthen  the 
relations  of  friendship  and  good  understanding  which  exist  between  the 
two  republics. 

In  virtue  of  the  last  consideration,  and  inasmuch  as  it  seems  palpable 
enough  that  no  progress  has  yet  been  made  in  the  negotiation  at  Mexico 
of  the  article  in  question,  and  considering  besides,  if  it  be  not  entered 
upon  now,  much  time  will  be  lost,  the  concurrence  of  the  Legislature  upon 
the  subject  being  necessary,  and  as  the  present  session  of  Congress,  at 
Washington,  will  end  about  the  beginning  of  March,  and  that  of  the 
Chambers  at  Mexico  about  the  middle  of  April,  no  time  will  therefore  be 
left  to  correct  the  misapprehension  to  which  Mr.  Forsyth   refers,  or  to 


72  [  Doc.  No.  42.  J 

conclude  as  promptly  as  is  desirable  the  negotiation  of  (he  additional  arti- 
cle in  question. 

The  undersigned,  therefore,  can  do  no  less  than  flatter  himself,  that  in 
pursuance  of  the  just  wish  of  his  Government,  and  for  the  purpose  of  end- 
ing an  affair  which  has  already  been  much  retarded,  the  Government  of 
the  United  States  will  see  proper  to  allow  him  to  present  the  full  power, 
which,  as  has  been  said,  he  has  received  for  that  object,  and  will  allow  the 
negotiation  of  the  second  additional  article  to  be  entered  upon,  which  both 
Governments  have  deemed  it  necessary  should  be  added  to  the  treaty  of 
limits,  in  order  that  the  terms  of  the  "article,  being  agreed  upon  here,  and 
the  article  ratified  with  the  greatest  promptitude  at  Mexico,  the  commis- 
sioners of  both  countries  may  proceed  to  the  demarcation  of  the  boundary, 
in  pursuance  of  the  plan  newly  stipulated  for. 

The  undersigned  trusts  that,  upon  considering  the  preceding  declaration, 
this  Government  will  not  find  it  inconvenient  to  comply  with  the  desirs  he 
has  manifested  in  the  name  of  his  Government;  and  cherishing  this  hope, 
he  has  honor  to  renew  to  Mr.  Forsyth  the  assurances  of  his  most  distin- 
guished consideration. 

J.  M.  DE  CASTILLO  Y  LANZAS. 


Mr.  Forsyth  to  Mr.  Castillo. 

Department  of  State, 

Washington,  January  9,  1835. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  had  the 
honor  to  receive  the  note  addressed  to  him  by  Mr.  Castillo,  charge 
d'affaires  of  the  United  Mexican  States,  under  date  of  the  1 5th  ultimo. 

Mr.  Castillo  has  already  been  informed  of  the  wish  of  the  Govern- 
ment of  the  United  States  to  negotiate  at  Mexico,  for  the  conclusion 
of  a  supplemental  article  to  the  treaty  of  limits  ;  and  as  the  delay  which 
rendered  such  a  negotiation  necessary  has  been  caused,  though  uninten- 
tionally, by  the  Mexican  Government,  its  acquiescence  in  this  course  can- 
not be  doubted.  A  short  time,  however,  may  be  expected  to  bring  the 
result  of  the  overture  which  Mi-.  Butler  was  instructed  to  make,  and  the 
undersigned  will  then  have  the  honor  of  a  further  communication  with  Mr. 
Castillo  on  the  subject. 

The  underigned  avails  himself  of  the  occasion  to  renew  to  Mr.  Castillo 
the  assurances  of  his  hiach  consideration. 

JOHN   FORSYTH. 

Sr.  Don  J.  M.  De  Castillo,  &c. 


Mr.  Castillo  to  Mr.  Forsyth. 

Legacion  Mexicana, 

Washington  City,  Enero  12  de  1835. 
El  infrascrito,  encargado  de  negocios  de  los  Estados  Unidos  Mexica- 
nos,  ha  tenido  el  honor  de  recibir  la  nota  del  honorable  Sr.  Juan  Forsyth, 


[  Doc.  No.  42.  J  73 

Secretario  dc  Eatado  de  los  Estados  Unidos,  dc  9  de!  prescnte  mes ;  la 
cual  ofrccc  materia  para  nucvas  cousiderar.iones,  que  el  infrascrito  no  puede, 
sin  faltar  £  su  deber,  omitar  dc  manifestar  a!  Sr.  Forsyth  eatas  agregadaa 
&  las  ([no  tuvo  el  honor  de  esponcr  en  su  anterior  nota  sob  re  el  asunto,  dc 
15  del  mes  proximo  pasado,  y  a  las  cualea  aunque  el  Sr.  Secretario  de 
Estado  no  ha  teuido  d  bien  responder  esperar  que  habian  mcrecido  su 
atenrion,  haran  terminantemente  palpable,  en  opinion  del  que  subscribe, 
la  oportunidad  de  negociar  a<jui  durante  la  prescnte  sesion  del  Congreso 
el  segundo  articulo  adicional  al  tratado  de  limites. 

Que  el  Gobierno  Mexicano,  a  ednscquencia  de  las  funestas  disensiones 
civiles  con  que  ha  sido  convulsado  aquel  pais,  se  hubiere  visto  impedido, 
sin  poderlo  remedial-,  de  atender  en  los  ianos  pasados  al  i-.ombramiento  de 
los  comisionados  que  debian  proced.er,  en  union  con  los  nombrados  por 
parte  del  Gobierno  de  los  Estivdos  Unidos,  a.  la  demarcarion  de  limites,  es 
innegable ;  y,  por  tanto,  es  cierto  que  la  demora  que  ha  hecho  neee  jaria  aquel- 
la  negociacion,  (del  2°  articulo  auicional,)  ha  sido  causada,  aui.que  sin  in- 
tenciun,  por  el  Gobierno  Mexicano.  Mas  no  es  posible  conceder  que  dc 
ahi  se  siga  la  indudable  aquicscencia  del  mismo  Gobierno  que  se  ha  servi- 
do  indicar  el  Sr.  Forsyth. 

En  nota  de  2G  de  Mayo  ultimo,  tuvo  la  satisfaction  el  infrascrito  de 
manifestar  al  Sr.  Louis  McLane,  cntonces  Secretario  de  Estado,  que  su 
Gobierno,  considerando  necesario  aquel  £°  articulo  adicional,  le  remitiria 
con  oportunidad  el  pleno  poder  requisitp  para  cntablar  su  negociacion. 
Fero  el  Sr.  Butler,  encargado  de  negocios  de  los  Esiados  Unidos  en  Mex- 
ico, no  recibio  de  su  Gobierno  el  poder  que  este  tuvo  a  bien  remitirle,  segiin 
la  nota  del  Sr.  Forsyth  del  11  de  Diciembrc  ultimo,  hasta  el  1°  dc  Julio 
siguiente.  Tuvo,  pucs,  evidentemente  mas  de  \in  mes  de  anterioridad 
aquella  manifestation  a  estc  recibo ;  y  como  dos  mesesla  orden  respectiva 
estendida  en  Mexico  y  remitida  por  aquel  Gobierno  al  infrascrito. 

Por  coRsiguicnfe,  aun  suponiendo  que  el  Sr.  Butler,  en  el  acto  de  recibir 
su  mencionado  poder,  lo  hubiese  participado  al  Gobierno  de  Mexico,  nada 
hnbiera  podido  ya  entonces  adelantar ;  porque  es  claro  que  ese  Gobierno 
le  habria  puesto  de  manifesto  la  inoportunidad  de  comcuzar  alii  una  nego- 
ciacion para  cuya  ejecucion  en  este  pais  habia  dado  los  pasos  necesarios. 
Este  razonamiento  parece  a  tod  as  luces  claro  y  convinciente. 

Pero  hay  mas  juzgando  por  el  tenor  de  las  posteriores  comunicaciones 
que  el  infrascrito  ha  rccibido  de  su  Gobierno,  y  que  alcanzan  al  26  de 
Noviembre  ultimo,  hasta  aquella  lech  a  no  habia  dado  aun  el  Sr.  Butler 
noticia  al  Gobierno  de  Mexico  de  hallarsc  en  posesion  de  tal  poder.  Con 
cuanta  mas  razon  insisteria  pues  dicho  Gobierno,  ahora,  en  que  se  llevc 
adelante  aqui  la  negociacion  ! 

En  vista  dc  todo,  el  infrascrito  considera  q«e  ro  puede  espcrarsc  aqui 
dentro  de  breve,  como  se  promete  acaso  c!  Sr.  Forsyth  el  rcsultado  ;  aino 
qui  antes  bien  debe  temerse  que  quidara  nuevamenle  deferida  una  negocia- 
cion que  por  su  naturaleza,  por  su  importancia,  por  sus  ultiriores  el'ectos 
convendria  fuese  termiuada  a  la  mayor  posible  brevedad.  De  esa  dilacion 
el  Gobierno  Mexicano  no  podra  ser  tachado,  jamas,  como  culpable.  El 
La  mostrado  el  mas  vivo  interns  en  la  pronta  conclusion  de  ese  negocio  por 
considerarla favorable  para  entrambas  republicas,y  conducentea  la  conaer- 
vacion  de  la  buena  armonia  que  entre  elias  rein  a.;  y  el  infrascrito  ha 
jnanifestado  las  fundadas  razoaes  que  militan  en  sosten  de  que  la  negocia- 


74  [  Doc.  No.  42.  ] 

cion  Be  entable  desde  luego  en  este  pais  arrcglandose  a  las  instrucciones 
rclativas  que  tiene  del  Supremo  Gobierno  del  siiyo. 

El  infrascrito  tiene  el  honor  <!e  reproducfr  al  Si\  Forsyth  las  protestas 
dc  su  mas  distinguida  consideration, 

J.  M.  DE  CASTILLO  Y  LANZAS. 


Mr.  Castillo  to  Mr.  Forsyth. 

[Translation.] 

Mexican  Legation, 

Washington,  January  12,  1S35. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  had 
the  honor  to  receive  a  note  from  the  Secretary  of  State,  dated  the  9th  in- 
stant, which  presents  materials  for  new  considerations.  The  undersigned 
cannot,  conformably  with  his  duty,  neglect  to  communicate  them  to  the 
honorable.  J.  Forsyth,  in  addition  to  those  already  submitted  in  his  former 
note  of  the  15th  ultimo,  to  which,  although  the  Secretary  of  State  has  not 
thought  proper  to  reply,  he  yet  hop$s  have  merited  his  attention,  and  will 
ensure  an  opportunity  of  discussing,  during  the  present  session  of  Congress, 
the  second  additional  article  of  the  treaty  of  limits. 

It  is  not  to  be  denied  that  the  Mexican  Government,  in  consequence  of 
the  fatal  chil  dissensions  which  have  convulsed  that  country,  has  been  una- 
voidably prevented  from  attending  to  the  appointment  of  commissioners,  to 
proceed  jointly  with  those  of  the  United  States  to  the  adjustment  of  the 
limits  ;  and  it  is  equally  certain  that  the  delay  which  has  rendered  this  ne- 
gotiation (of  the  second  article)  necessary,  has  been  caused,  though  unin- 
tentionally, by  the  Mexican  Government;  but  it  cannot  be  granted,  as  a 
consequence  from  this,  that  the  Mexican  Government  without  doubt  acqui- 
esces, as  Mr.  Forsyth  considers. 

The  undersigned,  in  his  note  of  the  26th  of  May  last,  had  the  satisfac- 
tion to  express  to  Mr.  McLanc,  then  Secretary  of  State,  that  his  Govern- 
ment, considering  this  second  additional  article  necessary,  would  send  him, 
when  an  opportunity  offered,  a  full  power  to  enter  upon  this  negotiation. 
But  Mr.  Butler,  the  charge  d'affaires  of  the  United  States  in  Mexico,  did 
not  receive  from  his  Government  the  power  which  it  thought  proper  to 
transmit  to  him,  according  to  Mr.  Forsyth's  note  of  the  11th  of  December 
last,  until  the  1st  of  July.  This  communication,  therefore,  was  made  more 
than  a  month  before  the  receipt  last  mentioned  ;  and  the  order  was  made 
out  in  Mexico  and  sent  to  the  undersigned  two  months  previous.  Conse- 
quently, even  supposing  that  Mr.  Butler  had,  immediately  on  receiving  his 
full  power,  communicated  it  to  the  Mexican  Government,  nothing  could 
have  been  done  in  prosecution  of  the  affair  then  ;  as  it  is  clear  that  the 
(Mexican)  Government  would  have  declared  to  him  the  impropriety  of  be- 
ginning a  negotiation  there  for  the  carrying  on  of  which  in  this  country  it 
had  taken  the  necessary  steps. 

This  reasoning  appears  in  every  point  of  view  clear  and  convincing. 
But.  moreover,  from  the  tenor  of  the  communications  lately  received  from 
his  Government,  which  come  down  to  the  26th  of  November,  Mr.  Butler 


I   Doc.  No.  4.2.  75 

had  not  to  that  date  given  any  notice  to  the  Mexican  Government  of  his 
possessing  such  a  power.  With  how  much  more  reason,  therefore,  can  that 
Government  now  insist  upon  the  negotiations  being  carried  on  here! 

Upon  the  whole,  the  undersigned  considers  that  a  result  cannot  be  ex- 
pected here  in  as  short  a  time  as  the  honorable  J.  Forsyth  perhaps  sup- 
poses ;  and  that  it  is  to  he  feared  that  a  negotiation  may  yet  he  delayed 
which  is  so  important  from  its  very  nature,  and  which,  from  the  ulterior 
effects,  should  he  terminated  as  soon  as  possible.  For  this  delay  no  blame 
can  he  attached  to  the  Mexican  Government  :  it  has  shown  the  most  lively 
interest  in  a  prompt  conclusion  of  the  affair,  considering  it  favorable  for 
both  republics,  and  likely  to  conduce  to  the  preservation  of  harmony  be- 
tween them  ;  and  the  undersigned  has  given  good  reasons  for  the  prose- 
cution of  the  negotiation  immediately  in  this  country,  conforming  with  the 
instructions  received  from  his  Government  on  the  subject. 

The  undersigned  renews  to  the  honorable  J.  Forsyth,  &c. 

J.  M.  DE  CASTILLO  Y  LANZAS. 

To  the  Hon.  John  Forsyth, 

Secretary  of  State. 


Mr.  Castillo  to  Mr.  Forsyth. 

Legacion  Mexicana, 

Filadelfa,  Abril  29  de  1835. 

El  infrascrito,  encargado  de  negocios  de  los  Estados  Unidos  Mcxi- 
canos,  cumpliendo  gustosamente  con  la  prevention  que  al  efecto  Ie  ha  hecho 
su  Gobicrno,  tiene  el  honor  de  participar  al  honorable  Sor  Juan  Forsyth, 
Secretario  de  Estado  de  los  Estados  Unidos,  que  el  Presidente  de  los  Es- 
tados Unidos  Mexicanos  deseoso  de  que  a  la  mayor  brevedad  se  facilite  la 
reunion  de  los  comisionados  que  por  parte  de  aquel  Gobierno  y  por  la 
de  estos  Estados,  ban  de  fijar  la  linea  divisinria  outre  ambas  republicas,  y 
en  virtud  de  la  automation  conferida  al  Sor  Butler,  encargado  de  ne- 
gocios de  esta  en  aquella,  para  dicha  negociacion,  ha  tenido  a  bien  revestir 
con  plenos  poderes  para  el  mismo  pbjeto  a  los  Secretarios  de  Estado  y  de 
Hacienda  de  aquellos  Estados,  rctirando  al  mismo  tictnpo  al  que  sub- 
scribe el  pleno  poder  e  instrucciones  que  se  le  conferieron  para  que  promo- 
viese  la  mencionada  negociacion. 

Con  este  motivo,  el  infrascrito  tiene  el  honor  de  renovar  al  Sor  Juan  For- 
syth las  protestas  de  su  muv  distinguida  consideracion. 

*      J.  M.  DE  CASTILLO  Y  LANZAS. 


Mr.  Castillo  to  Mr,  Forsyth. 

[Translation.] 

Mexicax  Legation, 

Philadelphia,  April  29,  1835. 
The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  com- 
plying willingly  with  the  instructions  on  the  subject  received  from  his 


76  [  Doc.  No.  42.  ] 

Government,  lias  tin  honor  to  inform  tlic  honorable  John  Forsyth,  Secre- 
tary of  State  of  these  United  States,  that  the  President  of  the  United  Mex- 
ican States,  being  anxious  that  the  meeting  of  the  commissioners  who  arc 
to  fix  the  line  of  separation  between  the  two  republics  should" take  place  as 
soon  as  possible,  and  in  virtue  of  the  authorization  for  such  negotiation 
conferred  upon  Mr.  Butler,  the  charge  d'affaires  of  this  Government  in 
Mexico,  has  thought  proper  to  invest 'the  Secretaries  of  State  and  of  the 
Treasury  of  the  United  Mexican  States  with  full  powers  to  that  effect, 
withdrawing  from  the  undersigned  the  full  powers  and  instructions  which 
had  been  conferred  upon  him  to  act  in  the  said  negotiation. 

The  undersigned  has  the  honor  to  renew  to  Mr.  John  Forsyth  the  as- 
surances of  his  very  distinguished  consideration. 

J.  M.  DE  CASTILLO  Y  LANZAS. 


Mr.  Dickins  to  Mr.  Castillo. 

Department  of  State, 

Washington,  May  11,  1835. 

The  undersigned,  acting  Secretary  of  State  of  the  United  States,  has 
the  honor  to  acknowledge  the  receipt  of  the  note  of  Mr.  Castillo,  charge 
d'affaires  of  the  United  Mexican  States,  dated  the  29th  ultimo,  announcing 
the  withdrawal  by  his  Government  of  the  power  with  which  he  had  been 
invested  to  negotiate  a  second  supplementary  article  to  the  treaty  of  limits 
between  the  two  countries.  This  announcement  of  course  renders  unne- 
cessary a  reply  on  the  part  of  this  Department  to  Mr.  Castillo's  note  of 
the  12th  of  January  last. 

The  undersigned  has  the  honor  to  tender  to  Mr.  Castillo  the  assurances 
of  his  high  consideration. 

ASBURY  DICKINS. 

SenorDon  J.  M.  Castillo  y  Lanzas,  &c. 


Mr.  Castillo  to  Mr.  Dickins. 

Legacion  Mexicana, 

Filadeljia,  Junio  2  de  1835. 
El  infrascrito,  encargado  de  negocios  de  los  Estados  Unidos  Mexica- 
nos,  cumpliendo  con  la  orden  (pie  ha  recibido  de  su  Gobierno,  tiene  el 
honor  de  participar  al  honorable  S6r  Asbury  Dickins,  Secretario  de  Es- 
tado  interino  dc  los  Estados  Unidos,  que  habiendose  procedido  en  Mexico 
con  las  formalidades  necesarias  a  la  celebracion  del  articulo  adicional  al 
tratada  dc  limitea  entre  una  y  otra  republica,  con  el  fin  de  ampliar  por  el 
el  termino  dentro  del  cual  deben  reunirse  los  comisionados  de  las  dos  na- 
ciones  que  ban  de  sanalar  la  linca  divisoria,  y  que  habiendose  sometido  el 
articulo  cu  que  se  coin  ino  nuevamente  por  los  respectivos  representantes- 
de  una  y  otra  parte,  debidamente  autorizados,  al  ecsamen  del  Congreso 
General  de  aquollas  Estados,  ha  mcrccido  la  aprobacion  de  61.  El  tenor 
del  citado  articulo  consta  por  la  copia  de  el  que  cubre  la  prescnte  nota. 


[  Doc.  No.  42.  J  77 

Al  transmitirla  a  cse  Departamento  de  Estado,  para  que  llegue  su  con- 
tcnido  al  conocimiento  de  S.  E.  el  Presidente  do  los  Estados  Unidos,  el 
infrascrito  tiene  la  satisfaction  dc  renovarlc  al  Sop  Dickins  las  segtiridadcs 
de  su  muy  distinguitla  consideracion. 

J.  M.  DE   CASTILLO  Y  LANZAS. 

Honorable  Sr.  Asbury  Dickins,  kc. 


Mr.  Castillo  to  Mr.  Dickins. 

[Translation.] 

Mexican  Legation, 

Philadelphia,  June  2,  1835. 

The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  in 
fulfilment  of  an  order  of  his  Government,  has  the  honor  to  inform  the  hon- 
orable Mr.  Asbury  Dickins,  Secretary  of  State  of  the  United  States  ad 
interim,  that  the  necessary  formalities  having  been  entered  into  at  Mexico 
for  the  conclusion  of  the  additional  article  to  the  treaty  of  limits  between 
the  two  republics,  for  the  purpose  of  extending  the  time  for  the  meeting  of 
the  commissioners  of  the  two  nations  who  are  to  trace  the  boundary,  and 
the  article  to  which  the  representatives,  duly  authorized,  of  the  respective 
parties,  again  agreed,  having  been  submitted  to  the  General  Congress  of 
those  States,  has  deserved  the  approbation  of  that  body.  The  tenor  of  the 
article  referred  to  is  according  to  the  copy  herewith  enclosed. 

The  undersigned  avails  himself  of  the  occasion  of  transmitting  it  to  the 
Department  of  State,  for  the  information  of  the  President,  to  renew  to  Mr. 
Dickins  the  assurances  of  his  very  distinguished  consideration. 

J.  M.  DE  CASTILLO  Y  LANZAS. 

Honorable  Mr.  Asbury  Dickins,  &c. 


coriA. 


Estados  Unidos  Mexicanos,  Primera  Secrctariade  Estado,  Departamento 
del  Exterior':  Palacio  Nacionalde  Mexico  a  4  de  Abril,  de  1835.  ilabien- 
dose  concluido  y  firmado,  en  la  ciudad  de  Mexico,  a.  los  doce  dias  del  mes 
de  Enero  de  1828,  un  tratado  cntre  los  Estados  Unidos  Mexicanos,  y  los 
Estados  Unidos  del  Norte,  con  el  fin  de  cstablecer  una  verdadera  linea  di- 
visoria,  y  los  limited,  entre  las  dos  naciones;  y  habiendose  estipulado  en  el 
articulo  3°.  de.l  meuciouado  tratado  lo  siguiente:  "  Para  fijar  esta  linea 
con  mas  precision,  y  establccer  los  mojones  que  sc'alen  con  ecsactitud  los 
limites  de  atnbas  naciones,  nombrara  cada  una  de  ellas  un  comisario  y  gc- 
ometra  que  se  junteian  antes  del  termino  de  un  afio  con  tad  o  desde  la 
fecha  de  la  ratification  de  este  tratado  en  Natchitoches,  en  las  orillas  del 
rio  Roso,  y  procederan  a  senalar  y  demarcar  dicha  linea  desde  la  cmboca- 
dura  del  rio  Sabina,  hasta  el  rio  Roso,  y  de  este  hasta  el  rio  Arkansas,  y 
fijar  segun  gueda  estipulado  y  convenido  en  este  tratado  la  linea  que  debe 
seguir  desde  el  grado  42  de  latitud  hasta^el  mar  Pacifico.   Llevavan  diarios, 


73  [  Doc.  No.  42.  ] 

y  levari taiau  pianos  dc  sua  operacioncs,  y  el  resultado  convenido  por  ellos 
se  tendra  la  misina  fuerza  que  si  se  liubiera  inserto  en  el ;  debiendo  conve- 
nir  auiistosamentc  los  dos  Gobieruos  en  el  arreglo  de  cuanto  neccsitar 
estoa  individuos  y  en  la  cscolta  respecliva  que  deban  llevar  siempre  que 
sea  necesario." 

Y  babiendose  cangeadolas  ratificaciones  del  mencionado  tratado  en  la 
ciudad  de  Wasbington  a,  los  cinco  dias  del  mes  de  Abril  del  ano  del  Senor 
de  1852;  no  habiendo  podido  las  partes  contratantes  cumplir  por  varias 
causas  las  cstipulaciones  convenidas  en  el  mencionado  articulo  3°.  habi- 
endo espirado  el  terminu  dentro  del  cual  dcbiau  cjecutarse  ;  y  descando 
ambas  republicas,  que  el  referido  tratado  tenga  su  ma3  puntual  cumpli- 
raiento.  lienandose  lodas  las  formalidades  necesarias  ;  el  Presidents  inte- 
rino  de  los  Estados  Unidos  Mcxicanos  ha  revestido  con  sua  plenos  podcres 
para  este  objeto  a  los  Exmos.  Sen  ties  Don  Jose  Maria  Gutierra  de 
Estrada,  Secretario  dc  Estado  y  del  Despacho  de  Relaciones  Interiores  y 
Estcrires,y  Don  Jose  Mariano  Blasco,  Secretario  de  Estado  y  del  Despacho 
de  Hacienda;  y  el  I'rcsidente delos  Estados  Unidos  del  Norte  al  honorable 
Senor  Antonio  Butler,  eucargado  de  negocios  de  a^uella  republica  en 
Mexico;  y  los  referidos  plenipotcnciarios  dcsfincs  de  haber  cambiado  sus 
plenos  podcres  que  se  cnconti  iron  en  buena  y  debida  forma,  ban  convcnido 
y  convenien  en  el  siguientc  2°  articulo  adiciojial. 

Se  proroga  por  el  espacio  de  uu  ano  contado  desde  la  fecha  del  cange 
de  las  ratificaciones  del  presente  articulo  adicional,  el  termino  que  para  el 
nombramientu  de  los  comisarios  y  geometras  encargados  por  los  Go- 
bieruos dc  Mexico  y  de  Washington  de  fijar  con  mas  precision  la  linea 
divisoria,  y  establecer  los  limites  de  ambas  naciones,  establecio  el  articulo 
S°  del  tratado  de  limites,  concluido  y  formado  en  Mexico  a.  los  doee  dias 
del  mes  de  Enero  de  1823  ;  y  cuyas  ratificaciones  fueron  cangcados  en 
la  ciudad  de  Washington  a  los  cinca  dias  del  mes  de  Abril  de  1832.  El 
presente  segundo  articulo  adicional  tend r 4  la  misma  fuerza  y  valor  que 
si  se  liubiera  insertado  palabra  por  palabra,  en  el  tratado  mencionado  de 
12  de  Enero  r'e  1S28,  y  sera  aprobado  y  ratiiicado  en  los  terminus  que 
establecer  las  constitucioncs  de  los  referidos  Estados. 

En  fe  de  cual,  los  dichos  plenipotcnciarios  lo  li6mos  firmado  y  sellado 
con  nuestros  sellos  respectivos. 

Feciio  en  Mexico,  a  los  tres  dias  del  mes  de  Abril  dc  mil  ochocientos 
trienta  y  cinca,  decimo  quinto  de  la  independencia  de  los  Estados  Unidos 
Mexicanos  y  quinquagesimo  novcuo  de  la  de  los  Estados  Unidos  de  Amer- 
ica. 

J.  M.   GUTIERREZ  DE  ESTRADA. 

A.  BUTLER. 

JOSE  MARIANO  BLASCO. 

Es  copia,  Mexico,  Abril  4  de  1835.     Ortiz  Monasterio. 


[Translation.] 

A  treaty  having  been  concluded  and  signed  in  the  city  of  Mexico  on 
the  12th  day  of  the  month  of  January,  1828,  between  the  United  Mexican 
States  and  the  United  States  of  the  North,  for  the  purpose  of  ertablishing 
a  true  dividing  line  and  the  limits  between  the  two  nations,  and  it  having 
been  stipulated  iu  the  third  article  of  the  said  treaty  as  follows  :  "To  fix 


[  Doc.  No.  42.  ]  79 

this  line  with  more  precision,  and  to  place  the  laud-marks  which  shall 
designate  exactly  the  limits  of  both  nations,  each  of  the  contracting  par- 
tics  shall  appoint  a  commissioner  and  a  surveyor,  who  shall  meet  before 
the  termination  of  one  year  from  the  date  of  the  ratification  of  this  treaty, 
at  Natchitoches,  on  the  Red  river,  and  proceed  to  run  and  mark  the  said 
line  from  the  mouth  of  the  Sabine  to  the  lied  liver,  and  from  the  lied 
river  to  the  river  Arkansas,  in  conformity  to  what  is  agreed  upon  and 
stipulated,  and  the  line  of  latitude  of  42°  to  the  South  sea.  They  shall 
make  out  plans  and  keep  journals  Of  their  proceedings;  and  the  result 
agreed  upon  by  them  shall  be  considered  as  part  of  this  treaty,  and  shall 
have  the  same  force  as  if  it  were  inserted  therein.  The  two  Governments 
will  amicably  agree  respecting  the  necessary  articles  to  be  furnished  to 
those  persons,  and  also  as  to«  their  respective  escorts,  should  such  be 
deemed  necessary. M  And  the  ratifications  of  the  said  treaty  having  been 
exchanged  in  the  city  of  Washington  on  the  5th  day  of  the  month  of 
April,  in  the  year  of  our  Lord  1852,  the  contracting  parties  having  been 
prevented  by  various  causes  from  complying  with  the  stipulations  agreed 
upon  in  the  said  third  article,  the  time  within  which  it  was  to  be  executed 
having  expired,  and  both  republics  desiring  that  the  said  treaty  should  be 
complied  with  in  every  respect,  by  going  through  with  all  the  necessary 
forms,  the  President  of  the  United  Mexican  States  has  invested  with  full 
powers  for  that  purpose,  Don  Jose  Maria  Gutierrez  dc  Estrado,  Secretary 
of  State  of  the  Department  of  Interior  and  Foreign  Relations,  and  Don 
Jos6  Mariano  Blasco,  Secretary  of  State  of  the  Department  of  the  Treas- 
ury, and  the  President  of  the  United  States  of  the  North,  the  honorable 
Mr.  Anthony  Butler,  charge  d'affaires  of  that  republic  in  Mexico;  and 
the  plenipotentiaries  referred  to,  after  having  exchanged  their  full  powers, 
which  were  found  to  be  in  good  and  proper  form,  have  agreed  and  do 
agree  to  the  following  second  additional  article. 

The  term  for  the  appointment  of  commissioners  and  surveyors  charged  by 
the  Governments  of  Mexico  and  Washington  to  settle  with  more  precision 
the  boundary  line,  and  to  establish  land-marks  to  designate  with  greater  ac- 
curacy the  boundaries  of  the  two  nations,  and  which  was  prescribed  by  the 
third  article  of  the  treaty  of  limits,  concluded  and  formed  at  Mexico  on  the 
12th  day  of  the  month  of  January,  1828,  and  the  ratifications  of  which  were 
exchanged  in  the  city  of  Washington  on  the  5th  day  of  the  month  of  April, 
1832,  shall  be  extended  to  the  period  of  one  year,  to  be  reckoned  from  the 
date  of  the  exchange  of  the  ratifications  of  the  present  additional  article. 
The  present  second  additional  article  shall  have  the  same  force  and  effect 
as  if  it  had  been  inserted  word  for  word  in  the  aforesaid  treaty  of  the  12th 
of  January,  1828,  and  shall  be  approved  and  ratified  in  the  manner  pre- 
scribed by  the  constitutions  of  the  respective  States. 

In  faith  of  which  the  said  plenipotentiaries  have  hereunto  set  their  hands 
and  affixed  their  respective  seals. 

Done  at  Mexico  the  ihird  day  of  the  month  of  April,  one  thousand  eight 
hundred  and  thirty-five,  the  fifteenth  of  the  independence  of  the  United 
Mexican  States,  and  the  fifty-ninth  of  that  of  the  United  States  of 
America. 

J.  M.  GUTIERREZ  DE  ESTRADA, 

A.  BUTLER, 

JOSE  MARIANO  BLASCO. 


80  [  Doc.  No.  42.  J 

Mr.  Dickins  to  Mr.  Castillo. 

Department  oe  State, 

Washington,  June  4,  1835. 

TUe  undersigned,  acting  Secretary  of  State  of  the  United  States,  lias 
the  honor  to  acknowledge  the  receipt  of  the  note  of  Mr.  Castillo,  eharg6 
d'affaires  of  the  United  Mexican  States,  dated  the  2d  instant,  stating  that 
a  second  additional  article  to  the  treaty  of  limits  had  been  agreed  upon 
by  the  negotiators  at  Mexico,  had  been  submitted  to  the  Mexican  Con- 
gress, and  that  he  enclosed  a  copy  of  it  for  the  information  of  the  Presi- 
dent. The  undesigned  has  the  honor  to  state  that  the  transcript  referred 
to  was  not  received  with  Mr.  Castillo's  note,  it  having  doubtless  been  left 
out  by  accident.  A  copy  of  the  article  would  be  highly  acceptable,  as  no 
intelligence  has  yet  been  received  from  Mr.  Butler  of  the  conclusion  of 
the  negotiation. 

The  undersigned  has  the  honor  to  oITer  Mr.  Castillo  renewed  assu- 
rances of  his  distinguished  consideration. 

ASBURY  DICKINS. 

Senor  Don  J.  M.  de  Castillo  y  Lanzas,  8rc. 


Mr.  Castillo  to  Mr.  Dickins  . 

Legacion  Mexicana, 

Filadelfia,  Junio  6  de  1835. 
El  infrascrito,  encargado  de  negocios  de  los  Estados  Unidos  Mexi- 
canos,  tiene  el  honor  de  acusar  recibo  de  la  nota  del  Senor  Asbury  Dick- 
ins,  Secretario  de  Estado  interino  de  los  Estados  Unidos,  contestacion 
&  la  suya  de  2  del  prcsente  mes  ;  y  en  vista  de  ella  debe  manifestar  que 
antique,  en  efecto,  no  fue  juantamente  con  aquella  su  comunicacion  la  copia 
a  que  se  referia  del  articulo  adicional  al  tratado  de  limites  entre  ambas 
republicas,  habiendo  sido,  remitido  por  separado  al  Departamento  de 
Estado,  debe  suponer  que  el  Sefior  Dickins  lo  recibiria,  ya  que  no  lo 
bubo  recibido  a  su  debido  tiempo,  poco  despues.  En  obvio  sin  embargo 
de  cua'.quier  casual  estravio  (pie  pueda  haber  suCrido  aquel  pliego,  el 
infrascrito  incluye  ahora  duplicado  de  la  referida  copia  ;  y  tiene,  con  tal 
motivo,  el  honor  de  reproducir  al  Sefior  Dickins  las  seguridades  de  su  muy 
distinguida  consideracion. 

J.   M.  DE  CASTILLO  Y  LANZAS. 


Mr.  Castillo  to  Mr.  Dickins. 

[Translation.] 

Mexican  Legation, 

Philadelphia,  June  6,  1335. 
The  undersigned,  charge  d'affaires  of  the  United  Mexican  States,  has  tlr-i 
honor  to  acknowledge  the  receipt  of  the  note  of  Mr.  Asbury  Dickins 


[  Doc.  No.  42.  ]  81 

acting  Secretary  of  State  of  the  United  States,  in  answer  to  the  note  of  the 
undersigned  of  the  2d  instant;  and  with  reference  thereto  has  to  state,  that 
although  the  copy  therein  referred  to  of  the  additional  article  to  the  treaty 
of  limits  between  the  two  republics  did  not  accompany  that  communication, 
as  it  was  sent  separately  to  the  Department  of  State,  it  is  to  be  supposed 
that  if  Mr.  Dickins  did  not  receive  it  in  due  time,  it  would  reach  him 
shortly  afterwards,  still,  to  obviate  any  accidental  miscarriage  to  which 
that  paper  may  have  been  subjected,  the  undersigned  herewith  encloses  a 
duplicate  of  the  copy  adverted  to,  and  has  the  honor  at  the  same  time  to 
renew  to  Mr.  Dickins  the  assurances  of  his  very  distinguished  considera- 
tion. 

J.  M.  DE  CASTILLO  Y  LANZAS 


Mr.  Castillo  to  Mr.  Forsyth. 

Legation  Mexicana, 

Filadclfia,  Julio  10  de  1835. 

El  infrascrito,  encargado  de  negocios  de  los  Estados  Unidos  Mexicanos, 
tiene  el  honor  de  participar  al  honorable  Sor.  Juan  Forsyth,  Secretario  de 
Estado  de  los  Estados  Unidos  de  America,  que  con  posteridad  a  sus  notas 
de  5  y  6  del  mes  proximo  pasado  ha  llegado  a  sus  manos  otra  comunica- 
cion  del  Gobierno  de  Mexico  relativa  al  mismo  asunto,  es  decir,  al  2°  arti- 
culo  adicional  al  tratado  de  limites  eutre  ambas  republicas,  aprobado  por 
el  legislativo  de  aquel  pais,  y  ratificado  por  el  Ejecutivo;  y  porella,  dese- 
ando  el  espresado  Gobierno  que  esa  importante  negociacion  que  de  con- 
cluida  con  la  oportunidad  posible,  ha  nombrado  y  autorizado  cornpetente- 
mente  al  infrascrito  para  que  en  calidad  de  plenipotenciario  proceda  a  todo 
lo  que  sea  necesario  al  cange  de  las  ratificaciones. 

En  tal  virtud,  el  que  subscribe  espcra  que  el  Sor.  Forsyth  se  serviva 
manifestarle  si  se  halla  igualmente  dispuesto  a  proceder  al  referido  cange 
de  esas  ratificaciones,  haciendo  que  el  efecto  se  practique  lo  necesario  taa 
luego  como  se  hubiere  reunido  el  Congreso  de  la  Union  en  sus  proximas 
sesiones. 

El  infrascrito  se  aprovecha  de  esta  ocasion  para  reproducir  al  Sor.  For- 
syth las  seguridades  desu  muy  distinguida  consideracion. 

J.  M.  DE  CASTILLO  Y  LANZAS. 

Hon.  Sor.  Juan  Forsyth,  <%c. 


Mr.  Castillo  to  Mr.  Forsyth. 

[Translation.] 

Legation  of  Mexico, 

Philadelphia,  July  10,  1835. 
The  undersigned,  charge  d'affaires  of  the  United  States  of  Mexico,  hag 
the  honor  to  inform  the  Hon.  J.  Forsyth,  Secretary  of  State  of  the  United 

6 


82  f  Doc.  No.  42.  ] 

States  of  America,  that  since  the  despatch  of  his  notes  of  the  51  h  and  6th 
ultimo  he  has  received  another  communication  from  the  Government  of 
Mexico  relative  to  the  same  afiair,  viz  :  the  second  additional  article  to  the 
treaty  of  limits  between  the  two  republics,  approved  by  the  Legislature  of 
that  country,  and  ratified  by  the  Executive.  In  that  communication  the 
said  Government,  desiring  that  this  important  business  should  be  conclu- 
ded as  soon  as  possible,  has  appointed  and  properly  authorized  the  under- 
signed to  proceed  as  plenipotentiary,  to  every  thing  which  may  be  requisite 
for  the  exchange  of  ratifications. 

In  virtue  of  this,  the  undersigned  hopes  that  Mr.  Forsyth  will  be  pleased 
to  inform  him  whether  he  is  equally  disposed  to  proceed  to  the  change  of 
ratifications  referred  to.  in  such  a  manner  that  all  which  is  necessary  may 
be  done  as  soon  as  the  Congress  of  this  Union  commences  its  next  session. 

The  undersigned  avails  himself,  &c. 

J.  M.  CASTILLO  Y  LANZAS. 

To  the  Hon.  J.  Forsyth, 

Secretary  of  State. 


Mr.  Forsyth  to  Mr.  Castillo. 

Department  of  State, 

Washington,  July  21,  1835. 

The  undersigned,  Secretary  of  State  of  the  United  Slates,  has  the  honor 
to  acknowledge,  the  receipt  of  the  note  of  Mr.  Castillo,  charge  d'affaires 
of  the  United  Mexican  States,  dated  the  J  Oth  instant,  stating  that  he  had 
been  authorized  to  exchange  the  ratification  by  his  Government  of  the 
second  additional  article  to  the  treaty  of  limits  between  the  two  countries, 
and  requesting  to  be  informed  as  to  the  disposition  of  the  undersigned  to 
proceed  to  the  exchange  of  the  ratification  on  the  part  of  the  United  States. 

Mr.  Castillo  is  aware  that,  by  the  constitution  of  the  United  States,  the 
President  is  authorised  to  ratify  a  treaty,  or  to  exchange  his  ratification 
against  that  of  a  foreign  Tower,  only  with  the  advice  and  consent  of  the 
Senate.  When,  therefore,  the  Senate  shall  have  given  its  advice  and  con- 
sent to  the  ratification  of  the  second  additional  article  to  the  treaty  of 
limits  between  the  United  States  and  the  United  Mexican  States,  Mr. 
Castillo  will  be  duly  apprized. 

The  undersigned  has  the  honor  to  tender  to  Mr.  Castillo  renewed  as- 
surances of  his  distinguished  consideration. 


Sor.  Don  J.  M.  Castillo  t  Lanzas,  &c. 


JOHN  FORSYTH. 


Mr.  Forsyth  to  Mr.  Castillo. — Extract. 

Department  of  State, 

Washington,  February  1,  1836. 
#  *  # 

The  undersigned  has,  however,  further  to  acquaint  Mr.  Castillo  that 
the  Senate  has  advised  and  consented  to  the  ratification  of  the  convention 


[  Doc.  No.  42.  83 

for  a  second  additional  article  to  the  treaty  of  limits  between  the  United 
States  and  the  Mexican  republic,  concluded  at  Mexico  on  the  3d  of  April 
last.  The  convention  will  forthwith  be  ratified  by  the  President,  and  the 
undersigned  will  be  ready  to  exchange  the  ratification  of  the  United  States 
against  that  of  the  Mexican  republic  whenever  Mr.  Castillo  presents 
himself  for  that  purpose  at  the  Department  of  State. 

The  undersigned  embraces  the  opportunity  to  offer  Mr.  Castillo  renewed 
assurances  of  his  great  consideration. 

JOHN  FORSYTH. 
Senor  Don  J.  M.  de  Castillo  y  Lanzas,  &c. 


Mr.  Gorostiza  to  Mr.  Forsyth. 

Washington,  28  de  Marzo  de  1836. 

EI  infrascrito,  enviado  extraordinario  y  mipistro  plenipotenciario  de  la 
republica  Mexicana,  tiene  el  honor  de  dirijirse  al  honorable  Senor  Juan 
Forsyth,  Secretario  de  Estadode  estos  Estados  Unidos,  para  manifestarle 
que  tambien  su  Gobierno  habia  advertido  ya  la  misma  equivocacion  que 
advirtio  el  Sdr  Forsyth  en  la  redaccion  <le  los  dos  textos  del  segundo  arti- 
culo  adicional  al  tratado  de  12  de  Enero  de  1828,  segun  le  indico  desde 
luego  al  Sor  Castillo,  encargado  de  ncgocios  de  Mexico;  y  que  de  consi- 
guiente  tambien  habia  visto  aquel  la  misma  necesidad  de  rectificar  aquella 
equivocacion  si  se  queria  que  la  estipulacion  de  que  se  trata  respondiera  al 
unico  objeto  que  se  debieron  proponer  sus  negociadores,  y  que  se  propu- 
sieron  realmente. 

El  infrascripto  recibio  por  lotanto  de  su  Gobierno  antes  de  dejar  a  Mex- 
ico instrucciones  al  efecto,  y  la  correspond iente  suficiente  autorizacion 
para  negociar  y  firmar  cualquiera  especie  de  transaccion  que  aclarc  el  ver- 
ladero objeto  del  referido  segundo  articulo  adicional  de  3  de  Abril  ultimo, 
diempre  que  el  Gobierno  Americano  nombre  y  autorize  igualmente  otro 
plenipotenciario,  con  el  propio  fin  y  siempre  que  se  logre  bailor  por  ellos 
alguu  medio  de  dar  a  la  transaccion  indicada  la  misma  fuerzay  valor  que 
adquirira  dicho  articulo  adicional  cuando  se  cangeen  sus  respectivas  ratifi- 
caciones,  y  por  la  doble  sancion  legislativa  que  previamente  ha  merecido. 

De  ahi  que  el  infrascrito  des6a  conoc6r  la  opinion  del  Senor  Forsyth 
sohre  el  particular,  y  que  est6  pronto  a  adoptar  con  deferencia  el  camino 
(pie  1c  sugiera  y  pueda  reunir  las  condiciones  expresadas. 

Pcro  corao  pudiera  sucede>  muy  Lien  que  no  fuera  facil  hallar  otro  me- 
dio de  dar  a  la  transaccion  indicada  la  insinuada  fuerza  del  articulo  adi- 
cional que  el  de  sugetarla  tambien  a  otro  igual  sancion  Iegislativa  ;  y  como 
en  este  caso  scria  queza  prefcrible  que  la  estipulacion  quedose  consi°-nada 
en  un  solo  documento  ya  que  no  se  habia  podido  abreviar  de  algun  modo 
el  termino  de  todo  la  negociacion,  el  infrascrito  tiene  la  satisfaccion  de 
anunciar  al  Sor  Forsyth  que  su  Gobierno  preveyendo  la  posivilidade  de 
semejante  extremo,  de  conferir  ademas  plenos  poderes  especiales  para 
firmar  un  nuevo  segundo  articulo  adicional  en  lugar  del  de  3  de  Abril,  j 
por  el  cual  se  estipule  prorogar  por  otro  ano  el  termino  de  que  habia  el 
^rticulo  tercero  del  tratado  de  limites  para  la  reunion  de  los  comisaries  j 
geometras  en  Natchitoches.  Si  esto  sucediera,  y  si  d  Senado  Americano 
antes  de  concluir  la  presente  sesion,  diera  al  Sor  Presidente  de  estos  Esta- 


84  [  Doc.  No.   12.  ] 

dos,  su  aviso  y  conscntimcnto  para  la  inmediata  ratificacion  del  nuevo 
articulo,  en  este  caso  el  infrascrito  so  comprometeria  desde  ahora  a  envi- 
arlo  i#mediatcmente  a  Mexico  por  unu  de  sus  Secretaries  para  que  alii  el 
Congreso  que  como  constituyente  estara  indudablcmente  todavia  reunido, 
lo  saucionara  en  seguida. 

El  infrascrito,  enviado  extraor'dinario  y  ministro  plenipotenciario  de  la 
rcpublica  Mexicana,  se  aprovecha  con  gusto  de  esta  oportunidad  para 
ofrecer  al  honorable  Senor  Juan  Forsyth,  Secretario  de  Estado  de  estos 
Estados  Unidos  las  seguridades  bien  sinceras  de  su  aprecio  y  alta  con- 

sideracion. 

M.  E.  DE  GOROSTIZA. 

Honorable  Senor  Juaw  Forsyth,  fya. 


Mr.  Gorostiza  to  Mr.  Forsyth. 

[Translation.] 

Washington,  March  28,  1836. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary  of 
the  Mexican  republic,  has  the  honor  to  inform  the  honorable  John  Forsyth, 
Secretary  of  State  of  the  United  States,  that  his  Government  had  also  re- 
marked the  same  ambiguity  [equivocation)  which  Mr.  Forsyth  observed  in 
the  terms  of  the  second  additional  article  of  the  treaty  of  January  12, 1828, 
in  both  languages,  as  Sr.  Castillo,  the  charged  d'affaires  of  Mexico,  had 
immediately  indicated  ;  and  that  it  had,  in  consequence,  also  seen  the  ne- 
cessity of  rectifying  the  ambiguity,  in  order  that  the  stipulation  in  ques- 
tion might  answer  the  purpose  which  its  negotiation  must  have  proposed, 
and  did,  indeed,  propose  in  making  it. 

The  undersigned,  therefore,  received  from  his  Government,  before  he 
left  Mexico,  instructions  and  the  proper  authorities  for  negotiating  and 
confirming  any  species  of  convention  which  might  render  clear  the  true 
object  of  the  said  additional  second  article  of  the  3d  of  April  last,  when- 
ever the  American  Government  should  appoint  and  authorize  to  that  effect 
another  plenipotentiary,  and  means  should  be  found  to  give  to  the  con- 
vention in  question  the  same  force  and  value  which  the  additional  article 
acquired  by  the  exchange  of  the  respective  ratifications,  and  the  sanction 
of  the  Legislatures  of  each  country,  which  were  necessary  before  that 
could  be  effected. 

The  undersigned  is,  for  this  reason,  anxious  to  know  the  opinion  of  the 
honorable  John  Forsyth  on  the  subject,  and  is  ready  to  adopt  the  mode 
which  he  may  consider  most  likely  to  conduce  to  the  ends  proposed. 

But,  as  it  may  not  be  easy  to  find  another  mode  of  giving  to  the  con- 
vention indicated  the  requisite  force  and  value  than  by  submitting  it  to  the 
same  legislative  sanction,  and  as  it  would,  in  that  event,  be  preferable  to 
leave  the  stipulation  by  itself,  in  a  separate  instrument,  if  no  other  means 
can  be  found  to  shorten  the  negotiation,  the  undersigned  has  the  satisfaction 
to  announce  to  the  honorable  John  Forsyth  that  his  Government,  foreseeing 
the  possibility  of  such  a  state  of  things,  had,  moreover,  conferred  upon 
him  full  special  powers  to  sign  a  new  second  additional  article  in  place  of 
that  of  the  3d  of  April,  and  by  the  terms  of  which  the  period  mentioned  in 


[  Doc.  No.  42.  ]  85 

!li("  third  article  of  the  treaty  of  limits,  for  the  meeting  of  commissioners 
and  surveyors  at  Natchitoches,  may  be  extended  another  year.  If  this 
should  he  agreed  on,  and  the  American  Senate,  before  the  conclusion  of 
the  present  session,  should  give  its  advice  and  consent  to  the  ratification 
of  the  new  article  by  the  President  of  the  United  States  immediately,  the 
undersigned  promises  to  send  it  without  delay  to  Mexico,  by  one  of  his 
secretaries,  in  order  that  the  Congress,  which  will  certainly  meet  there 
forthwith,  as  a  constituent  body,  may  sanction  it  accordingly. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary  of 
the  Mexican  republic,  avails  himself  with  pleasure  of  this  opportunity  to 
offer  to  the  honorable  John  Forsyth,  Secretary  of  State  of  these  United 
States,  the  assurances  of  his  distinguished  consideration. 

M.  E.  DK  GOROSTIZA. 

To  the  Hon.  J.  Forsyth, 

Secretary  of  State. 


Mr.  Forsyth  to  Mr.  Gorostiza. 

Department  of  State,  April  1,  1836. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  had  the 
honor  to  receive  the  note  of  Mr.  Gorostiza,  envoy  extraordinary  and 
minister  plenipotentiary  of  the  Mexican  republic,  dated  the  28th  ultimo, 
proposing  a  new  negotiation  for  the  purpose  of  more  clearly  defining  the 
object  of  the  convention  between  the  United  States  and  the  Mexican  re- 
public of  the  3d  of  April  last. 

The  second  additional  article  to  the  treaty  of  limits,  although  not  so 
comprehensive  in  its  terms  as  was  desirable,  was  laid  before  the  Senate  by 
the  President,  in  the  belief  that,  as  the  third  article  of  the  treaty  had 
ceased  to  be  of  any  force  or  effect,  in  consequence  of  the  expiration  of  the 
time  within  which  its  stipulations  were  to  have  been  fully  carried  into 
execution,  and  as  it  was  the  intention  of  both  parties  to  provide,  by  the 
second  additional  article,  for  effecting  the  same  object  as  was  provided  for 
by  the  third  article,  the  stipulation  for  the  appointment  of  commissioners 
and  surveyors  to  run  and  mark  the  boundary  line  between  the  two  coun- 
tries, should  be  construed  to  impose  the  obligation  on  the  commissioners 
and  surveyors  to  meet  within  the  time  prescribed  by  the  third  article.  It 
is  presumed  that  the  Senate  acted  under  the  same  belief  in  giving  its  ad- 
vice and  consent  to  the  ratification  of  the  second  additional  article. 

If  this  view  be  correct,  to  prevent  the  possibility  of  misconception  in 
giving  full  effect  to  the  intention  of  the  parties,  it  will  be  sufficient  for  their 
respective  agents,  at  the  time  of  the  exchange  of  the  ratifications  of  the 
second  additional  article,  to  mark,  by  a  joint  explanatory  note,  the  expli- 
cit understanding  of  the  two  Governments.  Should  Mr.  Gorostiza  con- 
cur in  this  opinion,  and  find  himself  authorized  to  adopt  that  course,  the 
undersigned  is  instructed  to  agree  with  him  upon  the  necessary  arrange- 
ments. 

The  undersigned  embraces  this  opportunity  to  renew  to  Mr.  Gorostiza 
the  assurances  of  his  most  distinguished  consideration. 

JOHN  FORSYTH. 

Senor  Don  M.  E.  df.  Gorostiza, 

Envoy  Extraordinary,  Sfc. 


86  [  Doc.  No.  42.  J 

Mr.  Gorostiza  to  Mr.  Forsyth. 

Washington,  4  de  Abril  de  1S36. 

EI  infrascrito,  enviado  extraordinario  y  niinistrio  plenipotenciario .tie 
la  republica  Mexicano,  ha  recibido  la  nota  que  el  lion.  Sr.  Juan  Forsyth, 
Secretario  de  Estado  de  estos  Estados  Unidos,  lc  ha  liecho  el  honor  de 
dirijirk)  en  1°  del  actual,  y  ha  visto  por  ella  set*  opinion  del  Sr.  Forsyth, 
que  para  deicrminar  cumplidamente  el  verdadero  objeto  del  2°  articulo 
adicional  de  3  de  Abril  de  1836,  bastara  con  que  los  respectivos  plenipo- 
tenciarios,  al  cangear  sus  ratificaciones,  cangeen  igualmente  una  tleclara- 
cioTi  iirmada  por  ellos,  que  debet  a  quedar  unida  a  dicho  articulo  adicional, 
y  en  la  que  se  debera  explicar  cual  fue"  el  unico  I'm  que  se  propusieron  los 
dos  Gobicrnos  cuando  convinieron  en  la  neccsidad  deaquella  transaction. 

El  infrascrito  hubiera  preferido,  sin  duda,  por  creerloniassensillo,  que 
se  redactara  otro  2°  articulo  adicional,  ya  que  en  el  de  3  de  Abril  se  habia 
omitido  lo  mas  cscncial  de  Io  que  se  queria  estipular  ;  y  para  que  la  doble 
sancion  legislativa  recayera  de  nueva  sobrc  tan  importante  extreme  Y  si 
no  hubiera  aparecido  conveniente  nulificar  abora  una  convencion  que  ya 
haba  merecido  el  asentimiento  del  Senado  Americano  el  infrascrito  hubiera 
preferido  todavia  aun  en  este  caso  el  negociar  y  firmar  un  tercero  articulo 
adicional  al  propio  tratado  de  1823,  que  cstipulara  unicamente  lo  de  la 
reunion  de  los  comisarios  y  geometras  en  Natchitoches  en  el  mismo  ter- 
mino  de  un  ago. 

Este  ultimo  expediente  adoptado  que  hubiera  sido,  hubiera  en  el  conccpto 
del  infrascrito,  salvado  cualquier  dificultad  en  lo  sucesivo  tanto  mas 
cuanto  que  las  ratificaciones  de  los  dos  articulos  se  hubieran  podido  can- 
gear  en  Washington  al  mismo  tiempo  y  por  las  mismas  personas,  en  menos 
de  cuatro  meses  segun  todas  las  probabiliuades. 

Pero  esto  no  se  opone,  sin  embargo  a  que  el  infrascrito  no  este  pronto 
como  lo  esta  en  efecto  a  seguir  ahora  el  camino  que  le  ha  indicado  el  S.  For- 
syth en  su  enunciada  nota;  por  que  el  infrascrito  no  puede  menos  de  re- 
conocer  y  confesar  despues  e'e  todo,  que  una  deciaracion  de  dos  plenipoten- 
ciarios  debidamente  autorizados  al  efecto,  que  expiiqueuna  omision  adver- 
iida  a  tiempo  en  el  texto  de  la  transaction  principal  quequedc  para  siemprc 
unida  a  esta  transaction  que  se  cangee  cuando  ella  y  que  se  imprima  y  pub- 
lique  con  ella  ha  de  aquirir  necesariamente  por  la  reunion  de  todos  estos 
requisites  su  misma  identica  fuerza  legal,  y  ha  de  participar  de  consiguiente 
<;e  todas  sus  garantias.  Si  esta  es  asi  en  el  concepto  tambien  del  Sr.  Forsyth 
el  infrascrito  repitc  que  ningun  inconvenicnte  puede  tener  en  firmar  scmi- 
jante  deciaracion,  ya  rcdondcar  de  este  modo  la  negociacion  pendientc. 

Una  sola  dificultad  se  presenta  quizas  todavia,  que  a  primera  vista  pa- 
rece  de  alguna  importancia  si  se  quiere  seguir  al  pie  de  la  letra  el  expe- 
diente sugerido  por  el  Sr.  Forsyth,  y  es  que  en  ninguno  de  los  dos  plenos 
^oderes  que  ha  recibido  el  infrascrito  de  so  Gobierno,  (y  de  los  que  acom- 
pana  las  debidas  copias,)  se  le  faculta  explicitamenie  para  cangear  las  rati- 
ficaciones del  2°  articulo  adicional  de  3  de  Abril,  nocrey  eridose  sin  duda 
en  Mexico  que  podia  llegar  todavia  el  caso  de  necesitarse  se  semejante 
autorizacion,  despues  de  haberse  advertido  el  vicio  de  que  aquel  adolecia. 
De  ahi  que  scria  quizas  necesario  adoptar  otro  medio  termino  ;  el  de  que  se 
caogeara  el  2°  articulo  adicional  por  el  Sr.  Castillo,  que  tiene  para  ello  un 
antiguo  pleno  pode'r  y  que  cl  infrascrito  cangeara  despues  la  deciaracion. 


[  Doc.  No.  42.   ]  87 

El  infrascrito  crec  con  todo  que  hallanduse  autorizado  pop  su  pleno 
poder  general  "a  promover  por  todos  los  medios  legates  el  (irrcglo  de  los 
asuntos  que  son  niotivo  de  su  mision  oxti-aordiiiaria"  se  Jialla  igualmcntc 
autorizado  a  cangear  tasnbien  las  referidas  ratificaciones,  siendo  como  es 
el  arreglo  y  termino  de  este  asuuto  uno  de  los  motivos  cxprcsos  y  determi- 
nados  de  su  dicha  mision. 

El  infrascrito  so  lisongea  que  el  Br.  Forsyth,  coincidira  con  el  on  su 
eismo  modo  de  ver  y  espera  por  Io  tan  to  (pie  pod  ran  entrambos  proceder 
ya  £  dctcrminar  la  redaccion  y  firraa  de  la  declaration  en  cuestion  tan  lucgo 
como  el  Sr.  Forsyth  designc  el  dia  y  la  hora. 

El  infrascrito  tiene  el  honor  de  renov&r  al  Sr.  Forsyth  las  seguridades 
bien  sinceras  de  su  mas  distinguida  consideration. 

M.  E.  DE  GOROSTIZA 


Mr.  Gorostiza  to  Mr.  Forsyth. 

[Translation.] 

Washington,  April  4,  1836. 

The  undersigned,  envoy  extraordinary  and  minister  plenipotentiary  of 
the  Mexican  republic,  has  received  the  note  addressed  to  him  on  the  1st 
instant,  by  the  honorable  John  Forsyth,  Secretary  of  State  of  these  United 
States,  and  has  thereby  seen  it  to  be  the  opinion  of  Mr.  Forsyth,  that  in 
order  to  define  completely  the  true  object,  of  the  second  additional  article 
of  the  3d  of  April,  1835,  it  will  be  sufficient  that  the  respective  plenipo- 
tentiaries, on  exchanging  its  ratifications,  should  at  the  same  time  exchange 
a  declaration  signed  by  themselves,  and  to  be  annexed  to  the  said  additional 
article,  in  which  is  to  be  explained  the  real  object  proposed  by  the  Govern- 
ments, when  they  agreed  in  considering  the  said  provision  necessary. 

The  undersigned  would  undoubtedly  have  preferred,  as  being  the  sim- 
plest mode,  that  another  second  additional  article  should  be  drawn  up,  as 
the  most  essential  part  of  what  it  was  desired  to  stipulate  had  been  omitted 
in  that  of  the  3d  of  April,  and  in  order  that  the  most  important  proceeding 
should  again  receive  the  sanction  of  the  Legislature  of  each  country.  And 
if  it  should  not  appear  convenient  to  annul  at  the  present  time,  a  convention 
which  had  already  been  considered  worthy  of  the  assent  of  the  American 
Senate,  the  undersigned  would  have  preferred,  even  in  this  case,  to  nego- 
tiate and  sign  an  additional  article  to  the  treaty  of  1828  itself,  merely  stip- 
ulating the  meeting  of  the  commissioners  and  surveyors  at  Natchitoches 
within  the  same  period  of  one  year.  This  latter  expedient  would,  if  adopted, 
in  the  opinion  of  the  undersigned  have  prevented  any  difficulty  in  future, 
especially  as  the  ratifications  of  the  two  articles  might  in  all  probability 
have  been  exchanged  in  Washington,  at  the  same  time  and  by  the  same 
persons  in  less  than  four  months. 

This,  however,  does  not  prevent  the  undersigned  from  being  ready,  as  he 
indeed  is,  to  pursue  the  plan  indicated  by  Mr.  Forsyth  in  his  said  note,  as 
the  undersigned  cannot  but  acknowledge  and  confess  after  all,  that  a  decla- 
ration signed  by  both  plenipotentiaries,  duly  authorized  to  that  effect,  ex- 
plaining an  omission  observed  in  the  text  of  the  principal  agreement,  intend- 
ed to  be  forever  annexed  to  that  agreement,  to  be  exchanged  with  it  and 


88  [  Doc.  No.  42.  J 

printed  and  published  with  it,  must  necessarily,  from  the  union  of  all  these 
circumstances,  acquire  the  same  legal  force,  and  in  consequence  partake  of 
all  the  guai  antics  of  that  agreement.  Should  Mr.  Forsyth  coincide  with 
this  view  of  the  case,  the  undersigned  repeats  that  there  can  be  no  impro- 
priety in  signing  such  a  declaration,  and  in  thus  concluding  (rcdondeando) 
the  pending  negotiation. 

One  difficulty,  and  one  only  presents  itself,  which  at  first  sight  seems  to 
be  of  some  importance,  in  case  it  should  be  wished  to  follow  the  plan  pro- 
posed by  Mr.  Forsyth  to  the  letter;  it  arises  from  the  circumstance  that 
in  neither  of  the  powers  received  by  the  undersigned  from  his  Government, 
(of  which  copies  arc  herewith  sent,)  is  any  explicit  faculty  conferred  upon 
him  to  exchange  the  ratifications  of  the  second  additional  article  of  the  3d 
of  April,  doubtless  because  it  was  not  supposed  at  Mexico  that  there  would 
be  any  need  of  such  authorization,  after  the  defects  of  the  article  had  been 
observed.  Hence  it  may  be  necessary  to  adopt  some  other  means ;  for 
instance,  that  the  exchange  of  the  second  additional  article  should  be  made 
by  Mr.  Castillo,  who  has  a  former  full  power  to  thai  effect,  and  that  the 
undersigned  should  afterwards  exchange  the  declaration.  The  undersigned 
however  conceives  that  being  authorized  by  his  general  powers  "to  pro- 
mote by  every  legal  means  The  settlement  (arregloj  of  the  affairs  which 
occasioned  his  extraordinary  mission,"  he  is  also  authorized  to  exchange 
the  said  ratifications,  inasmuch  as  the  settlement  and  termination  of  this 
affair  is  one  of  the  express  and  determined  objects  of  his  said  mission. 

The  undersigned  flatters  himself  that  Mr.  Forsyth  will  coincide  with  him 
in  his  views,  and  hopes  that  they  may  both  proceed  to  draw  up  and  sign  the 
declaration  in  question,  at  any  day  and  hour  which  Mr.  Forsyth  may  des- 
ignate. 

The  undersigned  has  the  honor  to  renew  to  Mr.  Forsyth  the  assurances 
of  his  most  distinguished  consideration. 

M.  E.  DE  GOROSTIZA. 

To  the  Hon.  J.  Forsyth, 

Secretary  of  State  of  the  United  States. 


Copia  del  pleno  poder  general  del  Senor  Gorostiza. 

Miguel  Barragan,  Presidente  intcrino  de  la  Republica  Mexicana.  A todos 
los  que  las  presentcs  vieren,  salud  : 

Estimando  necesario  a  los  interescs  de  la  nacion  acreditar  cerca  del  Go- 
bierno  de  los  Estados  Unidos  de  America  un  agente  diplomatico  revestido 
de  major  caracter  que  el  que  actualmcnte  existe  en  Washington,  teniendo 
que  elegir  con  tal  objeto  persona  que  reuna  las  cualidades  de  ilustracion, 
pati  iotisuio  provided  y  celo  por  la  prosperidad  de  la  republica,  y  encon- 
iraiido  adornado  de  todas  cstas  aprcciables  circunstancias  al  Sor  Don 
Mamiel  Eduardo  de  Gorostiza  he  tenido  4  bien  usando  de  mis  facultades, 
y  previa  aprovacion  del  Congreso  general,  nombrarlo  enviado  extraordi- 
nario  y  niinistro  plempotenciario  cerca  del  citado  Gobicrno  ;  dandolc  por 
tanto  y  depositando  en  61  plenos  poderes  para  promover  por  todos  los  rae- 
dios  legales,  el  arreglo  de  los  asuntos  que  son  el  motivo  de  su  mision  ex- 
traordinaria.     A  este  fin  rucgo  y  encargo  en  la  mancra  mas  amigable  & 


[  Doc.  No.  42.  ]  89 

S.  E.  cl  Presidentc  do  los  Esiados  Unidos  de  America,  reciba  y  admita  al 
expresado  Sot*  Don  Manuel  E.  de  Gorostiza  como  enviado  extraordina 
rio  y  ininistro  plenipotenciario  de  Mexico  le  de  entera  fe6  en  cuanto  pro 
moviere  concediendole  la  debida  dcsistencia,  y  mandandole  reconocer  en  su 
calidad,  ofreciendo  por  mi  parte  la  peciproca. 

Dado  en  el  Palaciode  Mexico.  Mexico,  firm  ado  de  mi  pufio  autorizado, 
con  el  sello  nacional,  y  refrendado  por  el  oficial  mayor  encargado  del  des- 
pacho  de  la  secrctaria  de  relaciones  interiorcs  y  cxteriores,  a  los  die/  y 
nucve  dias  del  mes  de  Enero  de  mil  ochocientos  treinta  y  seis,  decimo 
sesto  de  la  independcncia  de  la  republica. 

r  L.  s.  ]  M.  BARRAGAN, 

JOSE  MARIA  ORTIZ  MONASTERIO. 
Es  copia.     Washington,  4  de  Avril  de  1836. 

JUAN  E.  GAMBOA, 

Secretario  de  la  Legation. 


Copy  of  the  general  powers  of  Senor  Gorostiza. 

[Translation .] 

Miguel  Barragan,  President  ad  interim  of  the  Mexican  Republic.     To 
all  to  whom  these  presents  shall  come,  greeting  : 

Considering  it  necessary  for  the  interests  of  the  nation  to  accredit  near 
the  Government  of  the  United  States  of  America  a  diplomatic  agent  of  a 
rank  higher  than  that  held  by  the  one  now  in  Washington,  and  it  being 
important  to  choose  for  that  purpose  one  who  should  combine  talents, 
patriotism,  honesty,  and  zeal  for  the  prosperity  of  the  republic  ;  therefore, 
having  found  in  Don  Manuel  Eduardo  de  Gorostiza  all  those  admirable 
qualities,  I  have  thought  proper,  in  the  exercise  of  my  powers,  and  having 
received  the  assent  of  the  General  Congress,  to  appoint  him  envoy  ex- 
traordinary and  minister  plenipotentiary  near  the  said  Government,  giving 
and  conferring  upon  him  to  that  effect,  full  powers  to  promote,  by  every 
legal  means,  the  settlement  of  the  affairs  which  occasioned  his  extraordi- 
nary mission.  1,  therefore,  request  and  recommend  his  excellency  the 
President  of  the  United  States  of  America  to  receive  and  admit  the  said 
Don  Manuel  Eduardo  de  Gorostiza  as  envoy  extraordinary  and  minister 
plenipotentiary  of  Mexico,  giving  entire  faith  to  all  which  he  may  advance, 
granting  him  the  requisite  assistance,  and  disposing  that  he  be  acknowl- 
edged in  his  quality,  I  on  my  part  offering  to  reciprocate. 

Given  at  the  Palace  of  Mexico,  signed  by  my  hand,  authenticated  by 
the  national  seal,  and  countersigned  by  the  chief  officer  charged  with  the 
Department  of  Internal  and  Foreign  Relations,  on  the  nineteenth  day  of 
the  month  of  January,  eighteen  hundred  and  thirty  six,  the  sixteenth  year 
of  the  independence  of  the  republic. 

[  i.  s.  I  If.  BARRAGAN, 

JOSE  MARIA  ORTIZ  MONASTERIO. 

A  true  copy.     Washington,  April  4,  1836. 

JUAN  E.  GAMBOA, 

Secretary  of  the  Legation. 


90  [  Doc.  No.  42.  J 

Copia  del  plcno  poder  especial  del  Senor  Gorosliza. 

Miguel  Barragan,  Prcsidcntc  interim)  de  ia  republica  Mcxicana.    A  todos 
los  que  las  presentes  viereu,  salud  : 

Que  pudiendo  su  acaso  necesaria  la  celebration  de  un  nuevo  segundo 
articulo  adtcional  tercero  del  tratado  de  limites  de  1832,  concluido  entre 
esta  republica  y  los  Estados  Unidos  de  America,  sino  sc  considerase  bas- 
tante  el  que  se  firmo  en  esta  capital  el  dia  3  de  Abril  del  aiiu  proximo  pa- 
sado,  y  deseando  allanar  todo  inconveniente  que  preceda  retardar  la  de- 
marcation de  la  linea  divisoria  de  ambas  nacion.es,  he  venido  en  conferir, 
como  por  las  presentes  confiero.  pleno  poder  al  Sor  Don  Manuel  Eduardo 
de  Gorostiza,  enviado  extraordinario  de  esta  republica  cerca  del  Gobierno 
de  Washington,  a.  efecto  de  que  convenga  con  este,  con  todas  las  formali- 
dades  debidas  un  nuevo  plazo  en  que  se  verifique  la  reunion  en  Natchi- 
toches de  los  comisarios  y  geometras  de  los  dos  paises  que  ban  de  fijar 
los  limites  de  ellos  respecto  £  haber  espirado  el  termino  que  para  la  re- 
union expresado  se  fijo  en  el  mencionado  articulo  3°  del  tratado  de  limites 
de  1832. 

En  fe  de  lo  cual,  le  he  hecho  expedir  las  j)resentes  firmadas  de  mi  mano 
autorizadas  con  el  sello  nacional,  y  refrendadas  por  el  oficial  mayor  pri- 
mero  encargado  del  despacho  de  la  Secretaria  de  Relaciones  Interiores  y 
Exteriores,  a  los  veinte  y  seis  del  mes  de  Enero  del  ano  de  mil  ochocientos 
treinta  y  seis,  decimo  sexto  de  la  independencia  de  la  republica. 

[  l.  s.  ]  M.  BARRAGAN, 

JOSE  MARIA  ORTIZ  MONASTERIO. 

Es  copia.     Washington,  4  de  April  dc  1836. 

JUAN  E.  G AMR Oxl, 

Secretario  de  la  Legation. 


Copy  of  the  special  powers  of  Senor  Gorostiza. 

[Translation.] 

Miguel  Barragan,  President  ad  interim  of  the  Mexican  Republic.  Io  all  to 
whom  these  presents  shall  come,  greeting  : 

As  it  may  perhaps  be  necessary  to  conclude  a  new  second  article,  addi- 
tional to  the  third  of  the  treaty  of  limits  of  1832,  between  this  republic 
and  the  United  States  of  America,  in  case  that  which  was  signed  in  this 
capital  on  the  3d  of  April  of  last  year  should  not  be  considered  sufficient, 
and  as  it  is  desirable  to  remove  every  obstacle  which  might  retard  the  de- 
marcation of  the  dividing  line  between  the  two  nations,  I  have  thought 
proper  to  confer,  and  by  these  presents  I  do  confer,  full  powers  upon  Don 
Manuel  Eduardo  do  Gorostiza,  envoy  extraordinary  from  this  republic 
near  the  Government  ,.i  Washiugcoi;,  to  agree  with  that  Government,  in 
all  due  form,  upon  a  new  period  for  the  meeting  of  the  commissioners  and 
surveyors  of  the  two  countries  at  Natchitoches,  in  order  to  fix  the  limits 
of  the  same,  inasmuch  as  the  time  fixed  by  the  said  third  article  of  the 
treaty  of  limits  of  1832  for  the  said  meeting  has  expired. 


[  Doc.  No.  42.  ]  91 

In  faith  whereof,  I  have  caused  these  presents  to  be  issued,  signed  by 
my  band,  authenticated  by  the  national  seal,  and  countersigned  by  the  first 
chief  officer  charged  with  the  Department  of  Internal  and  Foreign  Rela- 
tions, on  the  twenty-sixth  day  of  the  month  January,  in  the  year  eighteen 
hundred  and  thirty-six,  the  sixteenth  of  the  independence  of  the  republic. 

M.  BARRAGAN, 

JOSE  MA.  ORTIZ  MONASTERIO. 

Washington,  April  4,  1836.     A  true  copy. 

JUAN  E.  GAMBOA, 

Secretary  of  Legation. 


Mr.  Forsyth  to  Mr.  Gorostiza. 

Department  oe  State, 

Washington,  April  13,  1836. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  had  the 
honor  to  receive  and  lay  before  the  President  the  note  of  Mr.  Gorostiza, 
envoy  extraordinary  and  minister  plenipotentiary  of  Mexico,  dated  the 
4th,  in  reply  to  the  communication  of  the  undersigned  of  the  1st  instant. 

The  undersigned  has  been  instructed  to  state,  in  answer,  that  the  plena- 
ry powers  of  Mr.  Gorostiza,  copies  of  which  accompanied  his  note,  are 
not  considered  sufficient  to  authorize  him  to  act  as  the  agent  of  the  Mexican 
republic  in  exchanging  the  ratifications  of  the  convention  of  the  3d  of 
April,  1835.  It  is  therefore  expected  that  Mr.  Gorostiza  will  invite  Mr. 
Castillo  to  this  city  for  that  purpose,  for  which  he  has  been  specially  em- 
powered. Mr.  Gorostiza's  powers,  however,  are  considered  sufficient  to 
authorize  him  to  join  the  undersigned  in  the  explanatory  note  suggested  in 
his  communication  of  the  1st  instant,  and  it  will  be  agreeable  for  the  un- 
dersigned to  meet  Mr.  Gorostiza  at  the  office  of  this  Department  at  one 
o'clock  to-morrow,  when  the  necessary  arrangements  may  be  made. 

Perhaps  it  is  proper  for  the  undersigned  to  add,  that  if  the  declaration 
were  to  be  cumulative  as  well  as  explanatory,  it  might  be  essential  to  pro- 
mulgate it  in  the  same  manner  as  the  convention  to  which  it  relates.  But, 
as  the  object  of  the  joint  note  is  merely  to  prevent  misconception  as  to  the 
intention  of  the  two  Governments  in  agreeing  to  the  second  additional 
article,  any  publication  is  unnecessary ;  it  being  sufficient  that  the  joint 
note  should  remain  in  the  archives  of  the  two  Governments. 

The  undersigned  avails  himself  of  the  occasion  to  renew  to  Mr.  Goros- 
tiza the  assurances  of  his  most  distinguished  consideration. 

JOHN  FORSYTH.  ( 

His  lEx.  Sor.  Don  Manuel  Eduardo  de  Gorostiza,  &c. 


Mr.  Gorostiza  to  Mr.  Forsyth. 

Manuel  E.  de  Gorostiza  tiene  el  honor  de  presentar  sus  respetos  al 
Honorable  Sr.  Juan  Forsyth,  y  de  anunciarle  al  propio  tiempo,  que  ha 
Uegado  hoy  el  Sr.  Castillo  a  esta  ;capital,  para  cangear  las  ratificaciones 


92  [  Doc.  No.  42.  J 

del  2°  articnlo  adicional  del  tratado  de  limites,  en  conformidad  a  lo  con- 
venido  ultimamente  entre  e!  Sr.  Forsyth  y  M.  E.  de  Gorostiza. 

Este  nltimo  suplica  igualmente  al  Sr.  Forsyth  se  sirva  senalar  dia 
en  que  se  verifique  tanto  dicho  cange.  como  el  de  la  declaration  que  ha  de 
explirar  previamente  el  verdaderoobjeto  y  sentido  del  articulo  en  cuestion. 

Washington,  18  de  Abril  de  1S36. 


Mr.  Gorostiza  to  Mr.  Forsyth. 

[Translation.] 

Manuel  E.  de  Gorostiza  has  the  honor  to  present  his  respects  to  the 
honorahle  John  Forsyth,  and  to  inform  him  at  the  said  time,  that  Mr.  Cas- 
tillo has  this  day  arrived  at  this  capital,  for  the  purpose  of  exchanging  the 
ratifications  of  the  second  additional  article  of  the  treaty  of  limits,  con- 
formably with  what  has  been  lately  agreed  on  between  Mr.  Forsyth  and 
M.  E.  de  Gorostiza. 

M.  E.  de  Gorostiza  likewise  requests  Mr.  Forsyth  to  have  the  kindness 
to  name  a  day  for  the  said  exchange,  as  well  as  for  the  declaration  which  is 
previously  to  explain  the  true  object  and  meaning  of  the  article  in  question. 

Washington,  April  18, 1836. 


Mr.  Forsyth  to  Mr.  de  Gorostiza. 

Department  of  State, 

April  18,  1836. 

Mr.  Forsyth  presents  his  compliments  to  Mr.  Gorostiza,  and  has  the 
honor  to  inform  him,  in  answer  to  his  note  of  this  date,  that  on  Wednesday 
next,  at  two  o'clock,  he  will  be  happy  to  see  Mr.  Gorostiza  and  Mr.  Cas- 
tillo at  the  office  of  this  Department,  for  the  purpose  of  executing  the  dec- 
laration and  exchanging  the  ratifications  of  the  convention  for  a  second 
additional  article  to  the  treaty  of  limits. 


DECLARATION.  DECLARACION. 

The  exchange  of  the  ratifications  Debiendose  verificar  en  el  dia  de 

of  the  convention  concluded  on  the  la  fecha  por  Don  Joaquin  Maria  de 

third  of  April,  1835,  for  a  second  Castillo  y   Lanzas,    encargado    de 

additional   article   to  the  treaty  of  negocios   de   la   republica  Mexica- 

limits  between  the  United  States  of  na,  y  Juan  Forsyth,  Secretario  de 

America  and  the  United  Mexican  Estado  de  los  Estados  Unidos  de 

States,  being  this  day  to  be  made  by  America,  el  cange  de  las  ratificacio- 

John  Forsyth,  Secretary  of  State  of  ncs  de  la  convencion  celebrada  en  3 

the  United   States,  and  J.  M.  de  de  Abril  de  1835,  entre  la  republi- 


f  Doc.  No.  42.  ] 


93 


Castillo  y  Lanzas,  charge  d'affaires 
of  the  Mexican  republic  to  the  Uni- 
ted States,  and  Don    Manuel   Ed- 
uardu  dc  Gorostiza,    envoy    extra- 
ordinary and    minister   plenipoten- 
tiary of  the  Mexican  republic  to  the 
United    States,    having    full   power 
from   his  Government  to  negotiate 
any  addition  that  might  be  thought 
necessary  to  carry  into  full  effect  the 
intention  of  the  parties,  if  the  terms 
of  the  said  second  additional  article 
were  not  sufficiently  comprehensive 
and  explicit,  on  a  full,  official,  and 
unreserved  conference  between  the 
said  Secretary  of  State  and  the  said 
envoy  extraordinary  and   minister 
plenipotentiary,   it  has  been  found 
that  both   Governments  coincide  in 
putting  the  same  construction  on  the 
said  second  additional  article,  giving 
to  it  all  the   force  and  effect  of  the 
third  article  of  the   said  treaty  of 
limits,  and  that,  therefore,  no  addi- 
tion is  necessary.     Nevertheless,  as 
the  said  second  additional  article  is 
not  clearly  expressed,  although  the 
intention  is  not  doubtful,  to  prevent 
the  possibility  of  misconception  in 
giving  full  effect  to  the  intention  of 
the  parties,  it  is  thought  expedient 
that  the  said  Secretary  of  Stnte  and 
the   said   envoy  extraordinary  and 
minister  plenipotentiary  should  de- 
clare, and  they  do  declare  in  behalf 
of    their    respective    Governments, 
that  the  stipulations  in  the  said  sec- 
ond  additional   article,  for  the  ap- 
pointment of  commissioners  and  sur- 
veyors to  run  and  mark  the  boundary 
line  between  the  two  countries,  is 
expressly  understood,  and  is  to  be 
construed  to  impose  the  obligation 
on  the  commissioners  and  surveyors 
to  meet  within  the    time,  and  at  the 
place,  prescribed  by  the  said  third 
aeticle  of  the  treaty  of  limits,  name- 
ly, at  Natchitoches,  and  within  one 
year  from  this  date,  and  to  proceed 
to  carry   into  full  effect  the  stipula- 
tions of  the  said  third  article. 

In  testimony  whereof,  this  instru- 


ca  Mexicana  y  dichos  Estados  Uni- 
dos,  para  un  2°   articulo  adicional 
al  Iratado  de  limites;  y  hallandose 
Manuel  Eduardo  de  Gorostiza,  en- 
viado  extraordinario  y  ministro  ple- 
nipotenciario  de  la  expresada  repub- 
lics Mexicana,  con  plenos  podcres  de 
su  Gobierno  para  negociar  cualqui- 
era  adicion  que  pueda  juzgarse  ne- 
cesaria  para  llevar  4  entero  efecto 
las  intenciones  de  las  altas  partes 
contratantes  siempre  que  los  tcrmi- 
nos  en  que  esta  concebido  el  referido 
segundo  articulo  adicional  no  fuescn 
suficientemente     comprehensivos   y 
explicitos,  h4  resultado  de  una  con- 
ferencia  aniplia,  franca,  y  official, 
tenida   entre  el  expresado   enviado 
extraordinario  y  ministro  plenipo- 
tenciario,  y  el  expresado  Secretario 
de  Estado,  que    los  dos  Gobiernos 
coinciden  exactamente  en  la  misma 
idea  y  construccion  del  indicado  se- 
gundo articulo  adicional  ;   dandole 
toda  la  fuerza  y  scntido  del  tercero 
articulo   del   precitado    tratado   de 
limites,  y  de  consiguiente  que  no  es 
necesario  adicion  alguna.  Perocomo 
la  redaccion  del    segundo   articulo 
adicional  no  es  bastantemente  clara 
aun  cuando  su  intencion  no  sea  du- 
dosa,  con  el  fin  de  evitar  toda  posi- 
bilidad  de  mala  inteligencia  al  llevar 
4  efecto  cuanto  se  propusieron  enton- 
ces  ambas  partes,  se  hi  creido  con- 
veniente  que  el  citado  enviado  extra- 
ordinario y  ministro  plenipotencia- 
rio,y  el  citado  Secretario  de  Estado 
declaren,  como  lo  hacen  por  la  pre- 
sente,  en  nombre  de  sus  respectivos 
Gobiernos,  que  lo  estipulado  en  el 
mencionado  segundo    articulo   adi- 
cional respecto  del  nombramiento  de 
los    comisarios   y    geometras    quo 
deben  senalar  y  demarcar  la  linea 
divisoria  entre  los  dos  paiscs  se  cu- 
tiende  expresamente  y  debe  interpre- 
tarse  que  impone  la  obligacion  4 
dichos   comisarios  y  geometras   de 
reunirse  en  el  lugar  y  termino  pre- 
scritos  en  articulo  tercero  del  tratado 
de  limites,  4  saber,  en  Natchitoche7, 


94 


[  Doc.  No.  42.   1 


mcnt  is  executed  in  duplicate,  ami  is 
mutually  delivered  prior  to  the  ex- 
change of  the  ratifications  of  the 
convention  for  a  second  additional 
article  to  the  treaty  of  limits,  duly 
ratified  by  our  respective  Govern- 
ments. 

Done  at  Washington,  this  twen- 
tieth  day   of    April,  one   thousand 
eight  hundred  and  thirty-six. 
JOHN  FORSYTH,  [l.  s,] 

Sec.  of  State  U.  S.  A. 
MA.  E.  DE  GOROSTIZA,[l.  s.l 


y  en  el  termino  de  un  ano  contado 
desde  esta  fecha  y  de  proceder  a.  dar 
entero  cumplimiento  &  lo  estipulado 
pop  el  insinuado  tercero  articulo. 

En  fe  de  lo  cual,  y  antes  del  cange 
de  las  ratificaciones  de  la  conven- 
cion  del  segundo  articulo  adicional  al 
tratado  de  limites  debidamente  rati- 
ficado  por  los  respectivos  Gobiernos. 
sc  extiende  por  duplicado  el  presente 
documento,  firmado  y  sellado  por  los 
infrascritos,  el  cual  se  cangeara 
igualmente  por  ellos. 

Fecho  en  Washington,  &  los  vein- 
te  dias  del  mes  de  Abril  del  aiio  de 
un  mil  ochocientos  treinta  y  seis. 
MA.  E.  DE  GOROSTIZA.  [i.  s.] 
JOHN  FORSYTH,  [l.  s.] 

Sec.  of  State  U.  S.  of  A. 


13  8  4       ..4 


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